UC-NRLF 


ED    Eflh 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIKT  OK 


./MGUOft* 

Received  ,  190 

Accession  No.        82736  .    Chus  No. 


ILLINOIS 

SCHOOL  LAW. 

1895-1896. 


THE  ILLINOIS  SCHOOL  LAW. 


1889-1895. 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN  A 


SYSTEM  OF  FREE  SCHOOLS, 


APPROVED  MAY  21,  1889. 
o 


INCLUDING   ADDITIONAL   ACTS  RELATIVE   TO  SCHOOLS  AND 
SCHOOL  OFFICERS,  WITH  AN  APPENDIX  CONTAINING  ACTS 
ESTABLISHING  STATE  NORMAL  SCHOOLS,  AND  PRO- 
VIDING   FOR  COUNTY    NORMAL   SCHOOLS. 


SPRINGFIELD,  ILL. 

ED.  F.  HAUTMANN,  STATE  PRINTER. 

1895 


TABLE  OF  CONTENTS. 


PAGE. 
EXTRACTS  PROM  THE  CONSTITUTION 1 

ACT  OP  1889. 

Article  I,  State  Superintendent  of  Public  Instruction 3 

Article  II,  County  SuperintendentH 7 

Article  III,  Township  Trustees  of  Schools 14 

Article  IV,  Township  Treasurer 32 

Article  V,  Board  of  Directors 40 

Article  VI,  Board  of  Education 48 

Article  VII,  Teachers 55 

Article  VIII,  Revenue— Taxation 61 

Article  IX,  Bonds 64 

Article*X,  County  Clerk 67 

Article  XI,  County  Board 69 

Article  XII,  School  Funds 71 

Article  XIII,  School  Lands '.. 74 

Article  XIV,  Pines  and  Forfeitures 80 

Article  XV,  Liability  of  School,  Officers 82 

Article  XVI,  Miscellaneous 86 

ADDITIONAL    ACTS    PERTAINING    TO    THE    PUBLIC  SCHOOLS  AND  TO  SCHOOL 

OFFICERS. 

Members  of  the  Board  of  Education  Appointed 90 

Study  of  Physiology  and  Hygiene i 91 

Compensation  of  Judges  and  Clerks  of  Election  in  certain  cases 92 

Election  of  Boards  of  Education  in  certain  cases 92 

No  child  under  13  years  of  age  to  be  hired  without  certificate  from  School  Board 94 

Women  may  vote  at  School  Elections 95 

Directors  allowed  to  assume  indebtedness  created  for  their  districts 95 

Compulsory  Attendance 96 

Inspectors  elected  under  certain  special  acts 97 

Kindergarten 98 

U.  S.  Flags 102-103 

Pension  and  Retirement  Fund  in  Certain  Cities 99 

APPENDIX. 

Act  Establishing  Central  Normal  University,  Normal 99 

Act  Establishing  Southern  Normal  University,  Carbondale 102 

Act  Establishing  Eastern  Normal  School,  Charleston 112 

Act  Establishing  Northern  Normal  School,  DeKalb 116 

State  Scholarships  in  Illinois  University 121-122 

Act  for  the  Establishment  of  County  Normal  Schools 119 

Index..  ...123-131 


EXTRACTS  FROM  THE  CONSTITUTION  OF  ILLINOIS, 


ARTICLE  V. 

SECTION  1.  The  executive  department  shall  consist  of  a 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Superintendent  of  Public  Instruc- 
tion and  Attorney  General,  who  shall  each,  with  the  exception 
of  the  Treasurer,  hold  his  office  for  the  term  of  four  years, 
from  the  second  Monday  of  January  next  after  his  election 
and  until  his  successor  is  elected  and  qualified.  They  shall, 
except  the  Lieutenant  Governor,  reside  at  the  seat  of  govern- 
ment during  their  term  of  office,  and  keep  the  public  records, 
books  and  papers  there;  and  shall  perform  such  duties  as  may 
be  prescribed  by  law. 

ARTICLE  VIII. 

EDUCATION. 

SECTION  1.  The  General  Assembly  shall  provide  a  thorough 
and  efficient  system  of  free  schools,  whereby  all  children  of 
this  State  may  receive  a  good  common  school  education. 

£  2.  All  lands,  moneys,  or  other  property,  donated,  granted 
or  received  for  school,  college,  seminary  or  university  pur- 
poses, and  the  proceeds  threof,  shall  be  faithfully  applied  to 
the  objects  for  which  such  gifts  or  grants  were  made. 

$  3.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district,  or  other  public  corporation, 
shall  ever  make  any  appropriation  or  pay  from  any  public 
fund  whatever,  anything  in  aid  of  any  church  or  sectarian  pur- 
pose, or  to  help  support  or  sustain  any  school,  academy, 
seminary,  college,  university,  or  other  literary  or  scientific 
institution,  controlled  by  any  church  or  sectarian  denomination 


whatever;  nor  shall  any  grant  or  donation  of  land,  money  or 
other  personal  property  ever  be  made  by  the  State  or  any 
such  public  corporation,  to  any  church,  or  for  any  sectarian 
purpose. 

§  4.  No  teacher,  State,  county,  township,  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any 
book,  apparatus  or  furniture  used,  or  to  be  used,  in  any  school 
in  this  State,  with  which  such  officer  or  teacher  may  be  con- 
nected, under  such  penalties  as  may  be  provided  by  the  Gen- 
eral Assembly. 

§  5.  There  may  be  a  county  superintendent  of  schools  in 
each  county,  whose  qualifications,  powers,  duties,  compensa- 
tion and  time  and  manner  of  election,  and  term  of  office,  shall 
be  prescribed  by  law. 


AN  ACT 

TO    ESTABLISH   AND   MAINTAIN    A    SYSTEM   OF 

FREE  SCHOOLS. 


ARTICLE   i. 

STATE    SUPERINTENDENT   OF   PUBLIC    INSTRUCTION. 


1 .  Time  of  election  and  term  of  office. 

2.  Oath  and  bond. 

a.     Salary  and  office  expenses. 


4.  Duties  denned. 

5.  Powers  defined. 

6.  Liabilities. 


SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  1he  General  Assembly:  That  at  the  election 
to  be  held  on  Tuesday  after  the  first  Monday  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  ninety, 
and  quadrennially  thereafter,  there  shall  be  elected  by  the  legal 
voters  of  this  State,  a  State  Superintendent  of  Public  Instruc- 
tion, who  shall  hold  his  office  for  four  years  from  the  second 
Monday  in  January  next  after  his  election,  and  until  his  suc- 
cessor is  duly  elected  and  qualified. 

S  "1.  Before  entering  upon  his  duties,  he  shall  take  and  sub- 
scribe the  oath  of  oifice  prescribed  by  the  constitution,  and 
shall  also  execute  a  bond,  in  the  penalty  of  twenty-five  thousand 
dollars  ($25,000),  payable  to  the  people  of  the  State  of  Illinois, 
with  securities  to  be  approved  by  the  Governor,  conditioned  for 
the  prompt  discharge  of  his  duties  as  Superintendent  of  Public 
Instruction,  and  for  the  faithful  application  and  disposition, 
according  to  law,  of  all  school  moneys  that  may  come  into  his 
hands  by  virtue  of  his  office.  Said  bond  and  oath  shall  be  de- 
posited with  the  Secretary  of  State,  and  an  action  may  be 
maintained  thereon  by  the  State  at  any  time  for  a  breach  of 
the  conditions  thereof. 

£  3.  And  the  said  State  Superintendent  shall  receive,  annu- 
ally, such  sum  as  may  be  provided  by  law,  as  a  salary  for  the 
>*  -i-vices  required  under  the  provisions  of  this  act,  or  any  other 
law  that  may  be  passed,  and  also  all  necessary  contingent  ex- 
penses for  books,  postage  and  stationery  pertaining  to  his 
office,  to  be  audited  and  paid  by  the  State  as  the  salaries  and 
contingent  expenses  of  other  officers  are  paid. 


§  4.  It  shall  be  the  duty  of  the  said  State  Superintendent  of 
Public  Instruction — 

First — To  keep  an  office  at  the  seat  of  government  of  the  State. 

Second — To  file  all  papers,  reports  and  public  documents 
transmitted  to  him  by  the  school  officers  of  the  several  coun- 
ties, each  year  separately. 

Third — To  keep  and  preserve  all  other  public  documents,  books 
and  papers  relative  to  schools,  coming  into  his  hands  as  State 
Superintendent,  and  to  hold  the  same  in  readiness  to  be  ex- 
hibited to  the  Governor,  or  to  any  committee  of  either  house 
of  the  General  Assembly. 

Fourth — To  keep  a  fair  record  of  all  matters  pertaining  to 
the  business  of  his  office. 

Fifth — To  pay  over,  without  delay,  all  sums  of  money  which 
may  come  into  his  hands  by  virtue  of  his  office,  to  the  officer 
or  person  entitled  to  receive  the  same,  in  such  manner  as  may 
be  prescribed  by  law. 

Sixth-^-To  counsel  and  advise  in  such  manner  as  he  may 
deem  most  advisable,  with  experienced  and  practical  school 
teachers,  as  to  the  best  manner  of  conducting  common  schools. 

Seventh — To  supervise  all  the  common  and  public  schools  in 
the  State. 

Eighth — To  be  the  general  adviser  and  assistant  of  county 
superintendents  of  schools  in  this  State. 

Ninth — To  address  circular  letters  to  county  superintendents, 
from  time  to  time,  as  he  shall  deem  for  the  interests  of  schools, 
giving  advice  as  to  the  best  manner  of  conducting  schools,  con- 
structing school  houses,  furnishing  the  same,  examining  and 
procuring  competent  teachers. 

Tenth— To,  on  or  before  the  1st  day  of  November  preceding 
each  regular  session  of  the  General  Assembly,  report  to  the 
Governor  the  condition  of  the  schools  in  the  several  counties  of 
the  State;  the  whole  number  of  schools  which  have  been  taught 
in  each  county  in  each  of  the  preceding  years,  commencing  on 
the  1st  of  July;  what  part  of  said  number  have  been  taught 
by  males  exclusively,  and  what  part  by  females  exclusively; 
what  part  of  the  said  whole  number  have  been  taught  by  males 
and  females  at  the  same  time,  and  what  part  by  males  and 
females  at  different  periods;  the  number  of  scholars  in  attend- 
ance at  said  schools;  the  number  of  persons  in  each  county 
under  twenty-one  years  of  age,  and  the  number  of  such  persons 
between  the  ages  of  twelve  and  twenty-one  years  that  are  un- 
able to  read  and  write;  the  amount  of  township  and  county 
funds;  the  amount  of  the  interest  of  the  State  or  common 
school  fund,  and  of  the  interests  of  the  township  and  county 
fund  annually  paid  out;  the  amount  raised  by  an  ad  valorem 
tax;  the  whole  amount  annually  expended  for  schools;  the 
number  of  school  houses,  there  kind  and  condition;  the  number 


of  townships  and  parts  of  townships  in  each  county;  the  num- 
ber and  description  of  books  and  apparatus  purchased  for  the 
UM>  of  schools  and  school  libraries  under  the  provisions  of  this 
act.  the  price  paid  for  the  same,  the  'total  amount  purchased, 
and  what  quantity  and  how  distributed,  the  number  and  con- 
dition of  the  libraries,  together  with  such  other  information 
and  suggestions  as  he  may  deem  important  in  relation  to  the 
school  laws,  schools,  and  the  means  of  promoting  education 
throughout  the  State;  which  report  shall  be  laid  before  the 
General  .Assembly  at  each  regular  session. 

Eleventh — To  make  such  rules  and  regulations  as  may  be 
necessary  and  expedient  to  carry  into  efficient  and  uniform 
effect  the  provisions  of  this  act,  and  of  all  the  laws  which  now 
are  or  may  hereafter  be  in  force  for  establishing  and  maintain- 
ing free  schools  in  this  State. 

Twelfth — To  be  the  legal  adviser  of  all  school  officers,  and, 
when  requested  by  any  such  school  officers,  to  give  his  opinion 
in  writing  upon  any  question  arising  under  the  school  lawrs  of 

this  State. 

Thirteenth — To  hear  and  determine  all  controversies  arising 
under  the  school  laws  of  this  State,  coming  to  him  by  appeal 
from  a  county  superintendent,  upon  a  written  statement  of 
facts  certified  by  the  county  superintendent. 

Fourteenth — To  receive  and.  file  all  proper  reports  made  to 
him  from  time  to  time  by  the  several  county  superintendents 
of  this  State,  as  required  by  article  II  of  this  act. 

Fifteenth — To  grant  State  certificates  to  such  teachers  as  may 
be  found  worthy  to  receive  them,  as  provided  for  in  section  2 
of  article  VII  of  this  act. 

Sixteenth — To  be  ex  officio  a  member  of  the  board  of  trustees 
of  the  University  of  Illinois  and  of  the  Southern  Normal  Uni- 
versity. 

Seventeenth — To  be  ex  officio  a  member  of  the  Board  of  Edu- 
cation of  the  State  of  Illinois,  and  to  act  as  secretary  thereof. 

Eighteenth — To  report  to  the  General  Assembly  of  Illinois,. 
at  its  regular  session,  the  condition  and  expenditures  of  the 
Normal  University,  and  such  other  information  as  may  be 
directed  by  the  Board  of  Education  of  the  State  of  Illinois  or 
by  the  General  Assembly  of  this  State. 

Nineteenth — To  visit  such  of  the  charitable  institutions  of  this 
State  as  are  educational  in  their  character,  and  to  examine 
their  facilities  for  instruction,  and  to  prescribe  forms  for  such 
reports  as  he  may  desire  from  the  superintendents  of  such 
charitable  institutions. 

§  5.  The  said  State  Superintendent  of  Public  Instruction 
shall  be  clothed  with  the  following  powers — 

First — to  direct  and  cause  the  county  superintendent  of  any 
county,  directors  or  boards  of  trustees  or  township  treasurer 


6 

of  any  township,  or  other  school  officer,  to  'withhold  from  any 
officer,  township,  district  or  teacher,  any  part  of  the  common 
school,  or  township,  or  other  school  fund,  until  such  officer, 
township  treasurer  or  teacher  shall  have  made  all  schedules, 
reports  and  returns  required  of  him  by  this  act,  and  until  such 
officers  shall  have  executed  and  filed  all  official  bonds  and 
accounted  for  all  common  school  or  township  or  other  school 
funds  which  have  heretofore  come  into  his  hands,  as  required 
of  him  by  this  act. 

Second — To  require  the  several  county  superintendents  of  this 
State  to  furnish  him  with  such  information  relating  to  their 
several  offices  as  he  may  desire  to  embody  in  his  report  to  the 
General  Assembly  of  this  State. 

Third — To  require  the  board  of  trustees  of  each  township  in 
this  State  to  make,  at  any  time  he  may  desire,  a  report  simi- 
lar to  the  report  required  to  be  made  by  such  trustees  on  or 
before  the  fifteenth  day  of  July  preceding  each  regular  session 
of  the  General  Assembly  of  this  State,  as  provided  for  in  sec- 
tion 28  of  article  III  of  this  act. 

Fourth — Upon  the  recommendation  of  the  county  superintend- 
ent, or  for  good  and  sufficient  reasons,  to  remit  the  forfeit- 
ure of  the  school  fund  by  any  township  which  may  have  failed 
to  make  the  reports  required  by  law. 

Fifth — To  determine  and  designate  the  particular  statistics 
relating  to  schools  which  the  inferior  officers  shall  report  to 
the  county  superintendent  for  the  use  of  his  office. 

Sixth — To  authorize  the  several  county  superintendents  to 
procure  such  assistance  as  may  be  necessary  to  conduct  county 
teachers'  institutes  for  not  less  than,  five  days  in  each  year. 

Seventh — To  require  annual  reports  from  the  authorities  of 
incorporated  towns,  townships,  cities  or  districts  holding- 
schools  by  authority  of  special  charters  to  the  same  extent  as 
regular  school  officers  are  or  may  be  required  to  make  such  reports. 

Eighth— To  require  the  president,  principal  or  other  proper 
officer  of  every  organized  university,  college,  seminary,  acad- 
emy or  other  literary  institution,  whether  incorporated  or  un- 
incorporated, or  hereafter  to  be  incorporated  in  this  State,  to 
make  out  such  report  as  he  may  require  in  order  that  he  may 
lay  before  the  General  Assembly  a  fair  and  full  exhibit  of  the 
affairs  and  conditions  of  such  institutions  and  of  the  educa- 
tional resources  of  the  State. 

Ninth — To  require  the  Auditor  of  Public  Accounts  to  with- 
hold from  the  county  superintendent  of  any  county  the  amount 
due  any  such  county  for  its  share  of  the  interest  011  State  school 
fund,  or  said  county  superintendent  for  his  per  diem  compen- 
sation, until  the  report  provided  for  in  section  17  of  article  II 
of  this  act  shall  have  been  furnished  as  therein  required. 


§  6.  The  said  State  Superintendent  of  Public  Instruction 
shall  not  be  interested  in  the  sale,  proceeds  or  profits  of  any 
book,  apparatus  or  furniture  used,  or  to  be  used,  in  any  school 
in  this  State,  and  for  offending  against  the  provisions  of  this 
section  he  shall  be  liable  to  indictment,  and  upon  conviction 
shall  be  fined  in  a  sum  not  less  than  twenty-five  nor  more 
than  five  hundred  dollars,  and  may  be  imprisoned  in  the  county 
jail  not  less  than  one  month  nor  more  than  twelve  months,  at 
the  discretion  of  the  court. 

ARTICLE  II. 


COUNTY   SUPERINTENDENTS. 


10. 
H. 
12. 

13. 


Time  of  election  and  term  of  office. 
Oath  and  bond. 
Form  of  bond. 

Obligors  bound  jointly  and  severally. 
Supervisors  may  require  a  new  bond. 
Office  and  supplies. 
Liable  to  removal.     (Repeal.) 
Vacancies. 
Time  limited. 
Assistants. 

Commissions  and  per  diem. 
Itemized  bills  and  warrants   from    Audi- 
tor. 
Duties  defined. 


§  14.     Powers  defined. 

§  15.    Record  of  land  sales. 

§  16.    Report  to  county  board. 

§  17.    Report  to  State  Superintendent. 

§  18.    Collecting  statistics,  and    suit    against 

trustees  as  individuals. 
§19.     Approval *>f  township    treasurer's  bond, 

and  delivery  of  written    statement    to 

the  township  treasurer. 

§  20.    Apportionment  of  funds  to  townships. 
§21.    Loaning  of  county  fund. 
«j  22.     Appeal  to  the  State  Superintendent. 
§  23.    Delivery  of  money,  books,  papers,  etc., 

to  successor  in  office. 


SECTION  1.  On  Tuesday  next  after  the  first  Monday  in  No- 
vember, A.  D.,  1890,  and  quadrennially  thereafter,  there  shall 
be  elected  by  the  qualified  voters  of  every  county  in  this  State, 
a  county  superintendent  of  schools,  who  shall  perform  the 
duties  required  by  law,  and  shall  enter  upon  the  discharge  of 
his  duties  on  the  first  Monday  of  December  after  his  election. 

£  2.  He  shall,  before  entering  upon  his  duties,  take  the 
oath  prescribed  by  the  Constitution,  and  execute  a  bond  pay- 
able to  the  People  of  the  State  of  Illinois,  with  two  or  more 
responsible  freeholders  as  security,  to  be  approved  by  the  county 
board  or  by  the  judge  and  clerk  of  the  county  court,  in  a  pen- 
alty of  noteless  than  .twelve  thousand  dollars  ($12,000),  to  be 
increased  at  the  discretion  of  the  said  county  board,  condi- 
tioned that  he  will  faithfully  perform  all  the  duties  of  his  office 
according  to  the  laws  which  are  or  may  be  in  force  during 
his  term  of  office. 

§  3.  The  bond  required  in  the  foregoing  section  shall  be  in 
the  following  form,  viz. : 

STATE  OF  ILLINOIS,    \ 

.County,    I  &k 

Know    all  men  by  these  presents,   that    we,    A  B, 
C  D  and  E  F,  are  held  and  firmly  bound,  jointly  and  severally,  unto  the 

People  of  the  State  of  Illinois,  in  the  penal  sum  of dollars,  to 

the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
dav  of ,  A.  D.  18.... 


8 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  A  B,  County  Superintendent  of  the  county  aforesaid,  shall  faith- 
fully discharge  all  the  duties  of  such  office,  according  to  the  laws  which 
now  are  and  may  hereafter  be  in  force,  and  shall  deliver  over  to  his  suc- 
cessor in  office  all  moneys,  books,  papers  and  property  in  his  hands,  as 
such  County  Superintendent,  then  this  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  virtue. 

A  B  [Seal. 
C  D  [Seal. 
E  F  [Seal. 

And  which  bond  shall  be  filed  in  the  office  of  the  county 
clerk. 

§  4.  The  obligors  in  such  bond  shall  be  bound  jointly  and 
severally,  and  upon  it  an  action  or  actions  may  be  maintained 
by  the  board  of  trustees  of  the  proper  township,  or  any  other 
corporate  body  interested,  for  the  benefit  of  any  township  or 
fund  injured  by -any  breach  of  the  conditions  thereof. 

§5.  If  a  majority  of  the  county  board  shall  be  satisfied,  at 
any  time,  that  the  .bond  of  said  county  superintendent  is  insuf- 
ficient, it  shall  be  the  duty  of  such  superintendent,  upon 
notice  being  given  to  him  by  the  clerk  of  such  board,  to  exe- 
cute a  new  bond,  conditioned  and  approved  as  the  first  bond: 
Provided,  that  the  execution  of  such  new  bond  shall  not  affect 
the  old  bond  or  the  liability  of  the  securities  thereon. 

§  6.  It  shall  be  the  duty  of  the  county  board  of  the  county 
to  provide  the  said  county  superintendent  with  a  suitable  office, 
with  necessary  furniture  and  office  supplies,  as  is  done  in  the 
case  of  other  county  officers. 

S  7.  The  said  county  superintendent  shall  be  liable  to  re- 
moval by  the  county  board  for  any  palpable  violation  of  law 
or  omission  of  duty.  [Repealed  by  act  approved  June  15,  1893. 

§  8.  When  the  office  of  county  superintendent  shall  become 
vacant  by  death,  resignation,  the  removal  of  the  incumbent  by 
the  county  board,  or  otherwise,  the  county  board  shall  fill  the 
vacancy  by  appointment,  and  the  person  so  appointed  shall 
hold  his  office  until  the  next  election  of  county  officers,  at  which 
election  the  county  board  shall  order  the  election  of  a  successor. 

§  9.  In  counties  having  not  more  than  one  hundred  (100) 
schools,  the  county  board  may  limit  the  time  of  the  superin- 
tendent: Provided,  that  in  counties  not  having  more  than  fifty 
(50)  schools,  the  limit  of  time  shall  not  be  made  less  than  one 
hundred  and  fifty  (150)  days  a  year;  in  counties  having  from 
fifty-one  (51)  to  seventy-five  (75)  schools,  not  less  than  two 
hundred  (200)  days  a  year;  and  in  counties  having  from 
seventy -six  (76)  to  one  hundred  (100)  schools,  not  less  than 
two  hundred  and  fifty  (250)  days  a  year. 

§  10.  The  county  superintendent  may,  with  the  approval  of 
the  county  board,  employ  such  assistant  or  assistants  as  he 
needs  for  the  full  discharge  of  his  duties.  Such  assistants  shall 
be  persons  of  good  attainments,  versed  in  the  principles  and 


9 

methods  of  education,  familiar  with  public  school  work,  and 
competent  to  visit  schools.  Such  assistants  shall  receive  such 
compensation  as  may  be  fixed  by  the  county  board. 

§11.  County  superintendents  shall  receive  in  full,  for  all 
services  rendered  by  them,  commissions  as  follows:  Three  per 
cent,  commission  upon  the  amount  of  sales  of  school  lands,  or 
sales  of  land  upon  mortgage,  or  of  sales  of  real  estate  taken  for 
debt,  including  all  services  therewith.  Two  per  cent,  commission 
upon  all  sums  distributed,  paid  or  loaned  out  by  them  for  the 
support  of  schools.  For  all  other  duties  required  by  law  to  be 
performed  by  them,  four  dollars  ($4)  a  day  for  such  number  of 
days  as  shall  be  spent  in  the  actual  performance  of  their  duties, 
not  exceeding  the  number  tixed  by  the  county  boards  in  counties 
in  which  the  boards  are  given  power  to  fix  the  number  of  days 
by  section  9  of  this  article  of  this  -act,  and  one  dollar  ($  1)  a 
day  for  expenses  for  the  number  of  days  actually  spent  in  school 
visitation. 

£  1±  The  county  superintendents  shall  present,  under  oath 
or  affirmation,  their  itemized  bills  for  their  per  diem  compensa- 
tion and  for  the  expenses  allowed  by  this  article  of  this  act, 
when  visiting  schools,  together  with  a  report  of  all  their  acts  as 
such  county  superintendent,  or  assistant,  including  a  list  of  all 
the  schools  visited,  with  the  dates  of  visitation,  to  the  county 
board,  at  the  annual  meeting  of  such  county  board  in  Septem- 
ber, and  as  near  quarterly  thereafter  as  such  board  may  have 
regular  or  special  meetings,  and  after  the  bills  have  been  audited 
by  the  county  board,  the  county  clerk  shall  certify  to  such 
audit  ing  upon  the  bills,  and  transmit  them  to  the  Auditor  of 
Public  Accounts,  who  shall,  upon  receipt  of  them,  remit  in  pay- 
ment thereof  to  each  superintendent  his  warrant  upon  the  State 
Treasurer  for  the  amount  certified  to  be  due  him.  The  said 
Auditor,  in  making  his  warrant  to  any  county  for  the  amount 
due  it  from  the  state  school  fund,  shall  deduct  from  it  the  several 
amounts  for  which  warrants  have  been  issued  to  the  county 
superintendent  of  said  county  since  the  next  preceding  appor- 
tionment of  the  state  school  fund. 

S  18.  It  shall  be  the  duty  of  each  county  superintendent  of 
schools  in  this  State — 

Firsl — To  sell  township  fund  lands,  issue  certificates  of  pur- 
chase, i 'cport  to  the  county  board  and  State  Auditor,  and  per- 
form all  other  duties  pertaining  thereto,  as  required  by  article 
XIII  of  this  act. 

Sec  md — To  register  applicants  for  admission  to  the  State  Nor- 
mal Universities  and  to  the  University  of  Illinois,  and  to  assist 
in  the  examination  of  the  same  as  directed  by  the  State  Board 
of  Education  or  other  proper  authorities. 

Tliinl — To  visit  each  school  in  the  county  at  least  once  a 
y.'ur,  and  in  the  performance  of  this  duty,  he  shall  spend  at 
le  ist  half  the  time  given  to  his  office,  and  more,  if  practicable, 
in  visitmi*  ungraded  schools. 


10 

Fourth — To  note,  when  visiting  schools,  the  methods  of  in- 
struction, the  branches  taught,  the  text-books  used,  and  the 
discipline,  government  and  general  condition  of  the  schools. 

Fifth— To  give  to  teachers  and  school  officers  such  directions 
in  the  science,  art  and  methods  of  teaching  and  courses  of 
study  as  he  may  deem  expedient  and  necessary. 

Sixth — To  act  as  the  official  adviser  and  constant  assistant 
of  the  school  officers  and  teachers  of  his  county;  and,  in  the 
performance  of  this  duty,  he  shall  faithfully  carry  out  the 
advice  and  instruction  of  the  State  Superintendent  of  Public 
Instruction. 

Seventh — To  conduct,  as  provided  for  in  section  10  of  article 
VII  of  this  act,  a  teachers'  institute,  and  to  aid  and  encourage 
the  formation  of  other  teachers'  meetings,  and  to  assist  in  their 
management. 

Eighth — To  labor  in  every  practicable  way  to  elevate  the 
standard  of  teaching,  and  improve  the  condition  of  the  common 
schools  of  his  county. 

Ninth — To  examine,  at  least  once  each  year,  all  books,  ac- 
counts and  vouchers  of  every  township  treasurer  in  his  county, 
and  if  he  finds  any  irregularities  in  them,  he  shall  at  once  report 
the  same  in  writing'  to  the  board  of  trustees,  whose  duty  it 
shall  be  to  take,  immediately,  such  action  as  the  case  demands. 

Tenth — To  examine  all  notes,  bonds,  mortgages,  and  other 
evidences  of  indebtedness  which  the  township  treasurer  holds 
officially,  and  if  he  finds  that  the  papers  are  not  in  proper 
form,  or  that  the  securities  are  insufficient,  he  shall  so  state  in 
writing  to  the  board  of  trustees. 

Eleventh— To  give  notice  of  the  election  of  trustees  in  cases 
such  as  those  provided  for  in  section  15  of  article  III  of  this  act. 

Twelfth — To  file  and  safely  keep  the  poll  books  and  returns 
of  any  election  required  to  be  returned  to  the  county  superin- 
tendent by  any  provision  of  this  act. 

Thirteenth — To  investigate  and  determine  all  matters  pertain- 
ing to  the  change  in  the  boundaries  of  school  districts,  which 
may  come  to  him  by  appeal  from  the  decision  of  the  school 
trustees,  and  to  notify  the  township  treasurer,  from  whom  the 
papers  relating  to  the  matter  were  received,  of  his  decision  of 
the  matter. 

Fourteenth — To  give  notice  of  the  election  of  school  directors 
in  cases  such  as  are  provided  for  in  section  9  of  article  V  of 
this  act.' 

Fifteenth — To  hold  meetings,  at  least  quarterly,  for  the  ex- 
amination of  teachers,  as  provided  for  in  section  7  of  article 
VII  of  this  act. 

Sixteenth — To  grant  certificates  of  qualification  to  such  per- 
sons as  may  be  qualified  to  receive  them,  as  provided  for  in 
section  3  of  article  VII  of  this  act;  and  to  keep  a  record  of  all 


11 

teachers  to  whom  such  certificates  have  been  granted,  as  pro- 
vided for  by  section  4  of  article  VII  of  this  act;  and  to  keep  a 
record  of  all  teachers  employed  in  teaching  in  his  county. 

Seventeenth— To  keep  a  just  and  true  account  of  all  moneys 
received  and  all  moneys  paid  out  on  account  of  the  "institute 
fund,''  and  make  report  thereof  to  the  county  board,  as  pro- 
vided for  in  section  9  of  article  VII  of  this  act. 

Eighteenth — To  present  to  the  county  board  of  the  count}', 
at  the  first  regular  meeting  thereof,  annually,  the  report  re- 
quired by  section  3  of  article  XI  of  this  act. 

Nineteenth — To  notify  presidents  of  boards  of  trustees  and 
clerks  of  school  districts,  on  or  before  September  30th,  annu- 
ally, of  the  amount  of  money  paid  by  him  to  the  township 
treasurer,  and  the  date  of  such  payments. 

Twentieth — To  receive  and  file,  on  or  before  the  15th  day 
of  July  preceding  each  regular  session  of  the  General  Assembly, 
and  at  such  other  time  as  may  be  required  by  the  State  or 
county  superintendent,  a  statement  from  the  board  of  trustees 
of  each  township,  giving  such  statistics  and  information  as  may 
be  called  for. 

£   14.     The  said  county  superintendent  shall  have  power — 

First — To  require  the  board  of  trustees  of  each  township  in 
his  county  to  make,  at  any  time  he  may  desire,  the  report  pro- 
vided for  in  section  28  of  article  III  of  this  act. 

Second — To  recommend  to  the  State  Superintendent  the  re- 
mission of  the  penalty  provided  for  a  failure  by  the  trustees  of 
schools  to  make  the  reports  provided  for  by  law. 

Third — To  renew  teachers'  certificates  at  their  expiration  by 
his  indorsement  thereon. 

Fourth — To  revoke  the  certificate  of  any  teacher  for  immoral- 
ity, incompetency,  or  other  just  cause. 

Fifth — To  direct  in  what  manner  township  treasurers  shall 
keep  their  books  and  accounts. 

Sixth — To  bring  suit  against  the  county  collector  for  a  failure 
to  pay  State  Auditor's  warrant,  as  provided  for  in  section  5  of 
article  XII  of  this  act. 

Seventh — To  remove  any  school  director  from  office  for  a 
willful  failure  to  perform  the  duties  of  his  office. 

Eighth — To  lease  and  sell  real  estate  in  cases  provided  for 
in  section  26  of  article  XIII  of  this  act,  in  the  manner  therein 
specified. 

§  15.  The  said  county  superintendent  shall  provide  three  well 
bound  books,  which  shall  be  paid  for  from  the  county  treasury. 
These  books  shall  be  known  and  designated  by  the  letters  A,  B, 
C  for  the  following  purposes:  In  book  "A"  he  shall  record  at 
length  all  petitions  presented  to  him  for  the  sale  of  common 
school  lands,  and  the  plats  and  certificates  of  valuation  made  by 


12 

or  under  the  direction  of  the  trustees  of  schools,  and  the  affida- 
vits in  relation  to  the  same.  In  book  "B"  he  shall  keep  an 
account  of  all  sales  of  common  school  lands,  which  account 
shall  contain  the  date  of  sale,  name  of  purchaser,  description 
of  land  sold  and  the  sum  sold  for.  In  book  "C"  he  shall  keep 
a  regular  account  of  all  moneys  received  for  lands  sold  or  other- 
wise, and  loaned  or  paid  out;  the  persons  from  whom  received, 
and  on  what  account,  and  showing  whether  it  is  principal  or 
interest;  the  person  to  whom  loaned,  the  time  for  which  the 
loan  was  made,  the  rate  of  interest,  the  names  of  the  securities, 
when  personal  security  is  taken,  or  if  real  estate  is  taken  as 
security,  a  description  of  the  real  estate;  and  if  paid  out^  to 
whom,  wrhen,  and  on  what  account,  and  the  amount  paid  out; 
the  list  of  sales  and  the  account  of  each  township  fund  to  be 
kept  separate. 

§  16.  The  county  superintendent  shall  report,  in  writing,  to 
the  county  board,  at  their  regular  meeting  in  September  of  each 
year,  giving  first,  the  balance  on  hand  at  the  time  of  the  last 
report  and  a  statement  in  detail  of  all  receipts  since  that  date, 
and  the  sources  from  which  they  were  derived;  second,  the 
amount  paid  for  expenses;  third,  the  amount  of  his  commis- 
sions; fourth,  the  amount  distributed  to  each  of  the  towrnship 
treasurers  in  his  county;  fifth,  any  balance  on  hand.  He  shall 
also  present  for  inspection  at  the  same  time  his  books  and 
vouchers  for  all  expenditures,  and  all  notes  or  other  evidences 
of  indebtedness  which  he  holds  officially,  with  the  securities  of 
the  same;  and  he  shall  give  in  writing  a  statement  of  the  con- 
dition of  the  county  fund,  of  the  institute  fund,  and  of  any 
township  fund  of  which  he  may  have  the  custody. 

§  17.  On  or  before  the  15th  day  of  August  before  each 
regular  session  of  the  General  Assembly  of  this  State,  or  an- 
nually, if  so  required  by  the  State  Superintendent  of  Public  In- 
struction, the  county  superintendent  shall  communicate  to  said 
State  Superintendent  all  such  information  and  statistics  upon 
the  subject  of  schools  in  his  said  county  as  the  said  State  Super- 
intendent is  bound  to  embody  in  his  report  to  the  Governor, 
and  such  other  information  as  the  State  Superintendent  shall 
require. 

§  18.  In  all  cases  where  the  township  board  of  trustees  of 
any  township  shall  fail  to  prepare  and  forward,  or  cause  to  be 
prepared  and  forwarded  to  the  county  superintendent,  the  in- 
formation and  statistics  required  of  them  in  this  act,  it  shall  be 
the  duty  of  the  said  county  superintendent  to  employ  a  compe- 
tent person  to  take  the  enumeration  and  furnish  such  statistical 
statement,  as  far  as  practical,  to  the  superintendent;  and  such 
person  so  employed  shall  have  free  access  to  the  books  and 
papers  of  said  township  to  enable  him  to  make  such  statement; 
and  the  township  treasurer,  or  other  officer  or  person  in  wThose 
custody  such  books  and  papers  may  be,  shall  permit  such  per- 
son to  examine  such  books  and  papers  at  such  times  and  places 


13 

as  such  person  may  desire  for  the  purposes  aforesaid;  and  the 
said  county  superintendent  shall  allow,  and  pay  to  the  person 
so  employed  by  him,  for  the  services,  such  amount  as  he  may 
judge  reasonable  out  of  any  money  which  is  or  may  come  into 
said  superintendent's  hands,  apportioned  as  the  share  of  or 
belonging  to  such  township;  and  the  said  county  superinten- 
dent shall  proceed  to  recover  and  collect  the  amount  so  allowed 
or  paid  for  such  services,  in  a  civil  action  before  any  justice 
of  the  peace  in  the  county,  or  before  any  court  having  juris- 
diction, in  the  name  of  the  People  of  the  State  of  Illinois,  of 
and  against  the  trustees  of  schools  of  said  township,  in  their 
individual  capacity;  and  in  such  suit  or  suits  the  said  county 
superintendent  and  fcownship  treasurer  shall  be  competent  wit- 
nesses; and  the  money  so  recovered,  when  collected,  shall  be 
paid  over  to  the  county  superintendent  for  the  benefit  of  said 
township,  to  replace  the  money  taken  as  aforesaid. 

§  19.  Whenever  the  bond  of  any  township  treasurer  approved 
by  the  board  of  trustees  of  schools,  as  required  by  law,  shall 
be  delivered  to  the  county  superintendent,  he  shall  carefully 
examine  the  same,  and  if  the  instrument  is  found  in  all  respects 
to  be  according  to  law,  and  the  securities  good  and  sufficient, 
he  shall  endorse  his  approval  thereon,  have  it  recorded  in  the 
circuit  clerk's  office,  and  file  the  same  with  the  papers  of  his 
office;  but,  if  said  bond  is  in  any  respect  defective,  or  if  the 
penalty  is  insufficient,  he  shall  return  it  for  correction.  When 
the  bond  shall  have  been  duly  received  and  filed,  the  superin- 
tendent shall,  on  demand,  deliver  to  said  township  treasurer  a 
written  statement  certifying  that  his  bond  has  been  approved 
and  filed,  and  that  said  township  treasurer  is  entitled  to  the 
care  and  custody,  on  demand,  of  all  moneys,  bonds,  mortgages, 
notes  and  securities,  and  all  books,  papers  and  property  of 
every  description  belonging  to  said  township. 

£  _<).  Upon  the*  receipt  of  the  amount  due  upon  the  Auditor's 
warrant,  the  county  superintendent  shall  apportion  said  amount, 
also  the  interest  on  the  county  fund  and  the  fines  and  forfeit- 
ures, to  the  several  townships  and  parts  of  townships  in  his 
county,  in  which  townships  or  parts  of  townships  shools  have 
been  kept  in  accordance  with  the  provisions  of  this  act,  and 
with  the  instructions  of  the  State  and  county  superintendents, 
according  to  the  number  of  children,  under  twenty-one  years 
of  age,  returned  to  him,  and  shall  pay  over  the  distributive 
share  belonging  to  each  township  and  fractional  township,  to 
the  respective  township  treasurers,  or  other  authorized  person, 
annually:  Provided,  that  no  part  of  the  State,  county  or  other 
school  fund  shall  be  paid  to  any  township  treasurer  or  other 
person  authorized  by  said  treasurer,  unless  said  township  treas- 
urer has  filed  his  bond,  as  required  by  section  1  of  article  IV 
of  this  act,  nor  in  case  said  treasurer  is  re-appointed  by  the 
trustees,  unless  he  shall  have  renewed  his  bond  and  filed  the 
same  as  aforesaid. 


14 

§  21.  The  county  superintendent  may  loan  any  money,  not 
interest,  -belonging  to  the  county  fund,  or  to  any  township  fund, 
before  the  same  is  called  for,  according  to  law,  by  the  town- 
ship treasurer,  at  the  same  rate  of  interest,  upon  the  same 
security  and  for  the  same  length  of  time  as  is  provided  by  this 
-act  in  relation  to  the  township  treasurers,  and  apportion  the 
interest  as  provided  in  the  preceding  section;  and  notes  and 
mortgages  taken  in  the  name  of  the  "county  superintendent" 
of  the  proper  county  are  hereby  declared  to  be  as  valid  as  if 
taken  in  the  name  of  "trustees  of  schools"  of  the  proper  town- 
ship, and  suits  may  be  brought  in  the  name  of  "county  super- 
intendents," on  all  notes  and  mortgages  heretofore  or  here- 
after made  payable  to  the  county  superintendents. 

§  22.  In  all  controversies  arising  under  the  school  law,  the 
opinion  and  advice  of  the  county  superintendent  shall  first  be* 
sought,  whence  appeal  may  be  taken  to  the  State  Superintend- 
ent of  Public  Instruction  upon  a  written  statement  of  facts 
certified  by  the  county  superintendent. 

§  23.  The  county  superintendent,  upon  his  removal  or  resig- 
nation, or  at  the  expiration  of  his  term  of  office  (or  in  case 
•of  his  death,  his  representatives)  shall  deliver  over  to  his  suc- 
cessor in  office,  on  demand,  all  moneys,  books,  papers  and  per- 
sonal property  belonging  to  the  office  or  subject  to  the  control 
or  disposition  of  the  county  superintendent. 

ARTICLE  III. 


TOWNSHIP — TRUSTEES   OF   SCHOOLS. 


1.  School  township. 

2.  Fractional  townships  consolidated. 

3.  School  business  of  the  township. 

4.  Trustees  a  body  politic. 

5.  Annual  election. 

6.  Term  of  office. 

7.  Age,  residence  and  eligibility. 

8.  Notice  of  election,  and  form    of  election 

notice. 
§    9.    Election  in  certain  cases  to  be  held   on 

anv  Saturday,   and  notice  to  be  given 

by  county  clerk 
§  10.    Trustees  draw  lots  for    their    terms    of 

office  in  certain  cases 
§11.    Judges  of  election. 
§  12.    Qualifications  of  voters. 
|  13.    Conduct  ofelections;contesting  elections; 

polls  may  be  closed  at  4  p.  m. 
§  14.    Judges  may  postpone  election. 
§  15.    County  superintendert  to  order  election. 
§  16.    Vacancies 
§  17.    Tie  at  an  election. 
§  18.    More  than  one  polling  place;  canvassing 

the  returns  and  making  out  a  certifi- 
cate 

§  19.    Election  when  township  is  same  as  town. 
§  20.    Poll  book;  failure  to  deliver  the  same. 
|  21.    County  clerks  to  furnish  list  of  trustees 

elected  at  town  meetings. 
Organization;    appointment  of  president 

and  treasurer. 
Term  of  office  of  president  and  treasurer; 

their  removal. 

24.  Record  of  proceedings. 

25.  Meetings  of  trustees  and  quorum. 


§  26.  Distribution  to  districts;  basis  of  the 
same. 

§  27.     Funds  placed  to  the  credit  of  districts. 

§  28.  Report  to  county  superintendent;  items; 
forfeiture  for  failure  to  report. 

§  29.  Separate  enumeration;  statistics  not 
divisible 

§  30.  Examination  of  township  treasurer's 
books,  etc.,  by  trustees. 

§  31.    Gifts,  grants,  etc.;  title  of  school  houses. 

|  32.  Saleofnchool  house;  form  of  notice  of 
sale 

§  33.    Conveyance  of  real  estate;  how  made 

§  34.  Township  treasurer  custodian  of  bonds; 
power  to  remove  or  sue  that  official. 

§  35.  Power  to  purchase  real  estate  in  satis- 
faction of  judgments. 

§  36.     Power  to  make  settlements. 

§  37.  Power  to  lease  land,  or  sell  at  public 
auction. 

§  38.  Township  high  school,  and  form  of  no- 
tice for  high  school  election. 

§  39      Ballots  for  high  school  election. 

§  40.  Election  for  members  of  township  board 
of  education;  term  of  office;  vacancies; 
organization  of  the  board,  and  estab- 
lishment of  the  school. 

§  41.    Powers  of  township  board  of  education. 

§  42.  Parts  of  two  or  more  townships  may 
join  in  establishing  a  high  school. 

§  43.    Discontinuance  of  township  high  school 

§  44.  Canvass  of  ba  lots,  and  disposition  of 
assets. 

§  45.    Interests  in  school  books;  penalties. 

§  46.     Districts  In   newly  organized  townships. 


15 


f  47.    Changes  In  district  boundaries. 

§  48.     Who  na ay  petition 

$  49.  Districts  having  less  than  100,000  inhabit- 
ants even  under  special  charter,  may 
vote  to  change  boundaries. 

$  5.X  Filing  of  the  peiition;  notice  to  the  dis- 
tricts and  form  of  notice. 

§  51.  Territory  lying  in  two  or  more  town- 
ships. 

§5-.    Adjournment  of  the  board. 

§  53.     Acting  upon  the  petition 

|  54.     Appeal  and  form  of  notice. 

§  55.  Clerks  transmit  papers  to  the  county 
superintendent. 

§  56.  Appeal  in  case  of  territory  divided  by 
county  lines. 

§  57.     Filing  map  and  list  of  tax-payers. 


§  58. 
§  59. 

60. 


§  63. 
§64. 
$  65. 

§  66. 
8  67. 


District  with  a  bonded  debt. 

Election  in  new  districts    and  form    of 

notice 

Conduct  of  election. 
•>!.    Organization  of  board. 
62.    Election  in   districts  organized  by  action 

of  the  county  superintendent. 
Distribution  of  fnnos 
Appraisement  of  property. 
Liability  ol  trustees  in  reference  to  dis- 

tribution of  funds. 
Liability  of  clerk. 

District  failing  to  have  school  for  two 
years 

68.  Dissolution  of  union  district 

69.  Successors  to  trustees  of  school  lands. 


SECTION  1 .  Each  congressional  township  is  hereby  established 
u  township  for  school  purposes. 

S  2.  Whenever  any  fractional  township  contains  less  than  two 
hundred  (1}(H))  persons  under  twenty-one  years  of  age,  the  trustees 
thereof,  upon  petition  of  a  majority  of  the  adult  inhabitants  of 
such  fractional  township,  may,  by  written  agreement  entered  into 
with  the  board  of  trustees  of  any  adjacent  township,  consoli- 
date the  territory,  school  funds  and  other  property  of  such 
fractional  township  with  such  a'djacent  township,  and  there- 
after shall  cease  to  exercise  the  functions  of  school  trustees  for 
such  fractional  township;  and  such  territory,  school  funds  and 
other  property,  aforesaid,  shall  thereafter  be  managed  by  the 
board  of  trustees  of  such  adjacent  and  consolidated  township, 
in  accordance  with  the  terms  of  agreement  aforesaid,  in  the 
same  manner  as  is,  or  may  be  provided  by  law,  for  the  man- 
agement of  territory,  funds  and  other  property  of  school  town- 
ships: Provided,  that  the  said  written  agreement  shall  be  duly 
signed  by  a  majority  of  the  said  trustees,  and  filed  for  record 
by  the  said  trustees  in  the  office  of  the  county  clerk  of  the 
county  in  which  such  consolidated  township,  or  the  greater 
part  thereof,  is  situated.  [As  amended  June  21,  1895. 

S  3.  The  school  business  of  the  township  shall  be  done  by 
three  trustees,  to  be  elected  by  the  legal  voters  of  the  town- 
ship, as  hereinafter  provided  for. 

S  4.  Said  trustees  shall  be  a  body  politic  and  corporate,  by 
the  name  and  style  of  "trustees  of  schools  of  township  No.... 
range  No. .  . .,"  according  to  the  number.  The  said  corporation 
shall  have  perpetual  existence,  shall  have  power  to  sue  and  be 
sued,  to  plead  and  be  im pleaded  in  all  courts  and  places  where 
judicial  proceedings  are  had. 

§  r>.  The  election  of  trustees  of  schools  shall  be  on  the 
second  Saturday  in  April,  annually. 

§  6.  At  the  first  regular  election  of  trustees,  after  the  pas- 
sage of  this  act,  a  successor  to  the  trustee,  whose  term  of 
office  then  expires,  shall  be  elected,  and  thereafter  one  trustee 
shall  be  elected  annually.  Said  trustees  shall  continue  in 
office  three  years,  and  until  their  successors  are  elected  and 
enter  upon  the  duties  of  their  office. 


16 

§  7.  No  person  shall  be  eligible  to  the  office  of  trustee  of 
schools  unless  twenty- one  years  of  age,  and  a  resident  of  the 
township.  And  where  there  are  three  or  more  school  districts 
in  any  township,  no  two  trustees  shall  reside,  when  elected,  in 
the  same  school  district,  nor  shall  a  person  be  eligible  to  the 
office  of  trustee  of  schools  and  school  director  at  the  same 
time. 

§  8.  Notice  of  the  election  of  school  trustee  shall  be  given  by 
the  township  treasurer,  upon  the  order  of  the  trustees  of 
schools,  by  posting  notices  of  such  election,  at  least  ten  days 
previous  to  the  time  of  such  election,  in  not  less  than  five  of 
the  most  public  places  in  said  township,  which  notices  shall 
specify  the  time  and  place  of  election  and  the  object  thereof, 
and  may  be  in  the  following  form,  viz: 

Public  notice  is  hereby  given  that  on  Saturday,  the day  of 

April,  A.  D ,  an  election  will  be  held  at , 

between  the  hours  of and of  said  day,  for  the  purpose  of  elect- 
ing  school  trustee  for  township  No ,  range  No By  order 

of  the  board  of  trustees  of  said  township. 


Ibwnship  Trea 

§  9.  In  townships  where  no  election  for  school  trustees  has 
heretofore  been  held,  or  in  townships  where,  from  any  cause,  there 
are  no  trustees  of  schools,  the  election  of  trustees  of  schools 
may  be  holden  on  any  Saturday,  notice  thereof  being  given 
as  required  by 'section  8  of  this  article.  The  first  election  in 
such  township  shall  be  ordered  by  the  county  clerk  of  the 
county,  who  shall  cause  notice  to  be  given  as  aforesaid. 

§  10.  In  case  of  an  election  held,  as  required  by  the  preced- 
ing section,  the  trustees  elected,  at  their  first  meeting,  shall 
draw  lots  for  their  respective  terms  of  office  for  one,* two  and 
three  years;  and  thereafter  one  trustee  shall  be  elected  annu- 
ally, at  the  usual  time  for  electing  trustees,  to  fill  the  vacancy 
occurring.  At  all  elections  after  said  first  election,  the  said 
notice  shall  be  given  by  the  trustees  of  schools,  through  the 
township  treasurer,  as  in  other  elections  for  trustees. 

§  11.  The  trustees  of  schools  of  incorporated  townships 
present  shall  act  as  judges,  and  choose  a  person  to  act  as  clerk 
of  said  election.  If  the  trustees  (or  any  of  them)  shall  fail  to 
attend,  or  refuse  to  act  when  present,  the  legal  voters  present 
shall  choose  from  their  own  number  such  additional  judges  as 
may  be  necessary.  In  any  township  lying  within  the  limits  of 
a  city,  village  or  incorporated  town,  which  has  adopted  the 
provisions  of  "An  act  regulating  the  holding  of  elections,  and 
declaring  the  result  thereof  in  cities,  villages  and  incorporated 
towns  in  this  State,"  approved  June  19,  1885,  the  said  election 


17 

shall  be  held  under  the  provisions  of  said  act.  In  unincorpo- 
rated townships,  the  qualified  voters  present  shall  choose,  from 
amongst  themselves,  the  number  of  judges  required  to  open 
and  conduct  said  election. 

£  12.  No  person  shall  vote  at  any  school  election  held  under 
the  provisions  of  this  act,  unless  he  possesses  the  qualifica- 
tions of  a  voter  at  a  general  election. 

§  13.  The  time  and  manner  of  opening,  conducting  and  clos- 
ing said  election,  and  the  several  liabilities  appertaining  to  the 
judges  and  clerks  and  to  the  voters,  separately  and  collectively, 
and  the  manner  of  contesting  said  election,  shall  be  the  same 
as  prescribed  by  the  general  election  laws  of  this  State  defin- 
ing the  manner  of  electing  magistrates  and  constables,  so  far 
as  applicable,  subject  to  the  provisions  of  this  act:  Provided, 
that  said  election  may  commence,  if  so  specified  in  the  notice, 
at  any  hour  between  the  hours  of  eight  (8)  o'clock  a.  m.,  and 
one  (1)  o'clock  p.  m.,  and  the  judges  may  close  such  election 
at  four  (4)  o'clock  p.  m. 

§  14.  If,  upon  any  day  appointed  for  the  election  of  trustees 
of  schools,  the  said  trustees  of  schools  or  judges  shall  be  of 
opinion  that,  on  account  of  the  small  attendance  of  voters,  the 
public  good  requires  it,  or  if  the  majority  of  the  voters  present 
shall  desire  it,  they  shall  postpone  said  election  until  the  next 
Saturday,  at  the  same  place  and  hour,  at  which  time  and 
meeting  the  voters  shall  proceed  as  if  it  were  not  a  postponed 
or  adjourned  meeting:  Provided,  that  if  notice  shall  not  have 
been  given  of  such  election,  as  required  by  section  8  of  this 
article,  then  and  in  that  case  said  election  may  be  ordered  as 
aforesaid,  and  holden  on  any  other  Saturday,  notice  thereof 
being  given  as  aforesaid. 

>>  15.  If  the  township  treasurer  shall  fail  or  refuse  to  give 
notice  of  the  regular  election  of  trustees,  as  required  by  said 
section  8  of  this  article,  and  if,  in  case  of  a  vacancy,  the  re- 
maining trustee  or  trustees  shall  fail  or  refuse  to  order  an  elec- 
tion to  fill  such  vacancy,  as  required  by  section  16  of  this  arti- 
cle, then,  and  in  each  of  such  cases,  it  shall  be  the  duty  of 
the  county  superintendent  to  order  an  election  of  trustees  to 
fill  such  vacancies  as  aforesaid,  and  all  elections  so  ordered 
and  held  shall  be  valid  to  all  intents  and  purposes  whatever. 

§  16.  When  a  vacancy  or  vacancies  shall  occur  in  the  board 
of  trustees  of  schools,  the  remaining  trustee  or  trustees  shall 
order  an  election  to  fill  such  vacancy,  upon  any  Saturday, 
notice  to  be  given  as  required  by  said  section  8  of  this  article. 

§  17.  In  case  of  a  tie  vote  at  any  election  of  trustees  of 
schools,  the  election  shall  be  determined  by  lot,  on  the  day  of 
the  election,  by  judges  thereof. 

§  18.  In  townships  where,  for  general  elections,  there  are 
more  than  two  (2)  polling  places,  the  trustees  shall  give  notice 
that  polls  will  be  opened  for  such  elections  in  at  least  two 

—2   S. 


18 

places;  in  which  case  at  least  one  of  said  trustees  shall  attend 
at  each  of  said  places,  and  additional  judges  shall  be  chosen  as 
provided  in  section  eleven  (11)  of  this  article:  Provided,  there 
shall  be  at  least  one  polling  place  for  each  eight  hundred  legal 
voters  in  said  township.  Should  the  polling  places  be  in  excess 
of  the  number  of  trustees,  then  the  voters  at  such  polling 
places  so  in  excess  shall  select  from  their  number  the  requisite 
number  of  voters,  who  shall  act  as  judges  of  said  election  in 
the  manner  provided  by  said  section  eleven  (11)  for  the  election 
of  trustees  in  unincorporated  townships.  Said  judges  shall 
return  the  ballots  and  original  poll-books,  with  a  certificate 
thereon,  showing  the  result  of  the  election  in  said  precinct,  to 
the  township  treasurer  of  the  township  in  which  said  election 
shall  be  held,  whereupon  it  shall  be  the  duty  of  the  board  of 
trustees  of  said  towynship,  within  five  days  after  said  election, 
to  meet  and  to  canvass  the  returns  from  each  precinct,  to  make 
out  a  certificate  showing  the  number  of  votes  cast  for  each  per- 
son in  each  precinct,  and  in  the  whole  township,  and  shall  file 
said  certificate  with  the  county  superintendent  of  schools  as 
otherwise  provided  by  t  law. 

§19.  In  counties  adopting  township  organization,  in  each 
and  every  township  whose  boundaries  coincide  and  are  identi- 
cal with  those  of  the  town,  as  established  under  the  township 
organization  laws,  the  trustee  or  trustees  shall  be  elected  at 
the  same  time  and  in  the  same  manner  as  the  town  officers.  In 
all  such  townships,  if  no  trustees  are  elected  at  the  stated 
town  meeting,  and  wThen  vacancies  occur  in  the  board,  an  elec- 
tion of  trustee  or  trustees  shall  be  ordered  by  the  remaining 
trustee  or  trustees  of  schools,  through  the  township  treasurer, 
as  provided  for  in  section  nine  (9)  of  this  article. 

§  20.  Upon  the  election  of  trustees  of  schools,  the  judges  of 
the  election  shall,  within  ten  (10)  days  thereafter,  cause  a  copy 
of  the  poll -book  of  said  election  to  be  delivered  to  the  county 
superintendent  of  the  county,  with  a  certificate  thereon  show- 
ing the  election  of  said  trustees  and  the  names  of  the  persons 
elected,  which  copy  of  the  poll-book,  with  the  certificate,  shall 
be  filed  by  said  superintendent,  and  shall  be  evidence  of  such 
election.  For  a  failure  to  deliver  said  copy  of  the  poll-book 
and  certificate  within  the  time  prescribed,  the  judges  shall  be 
liable  to  a  penalty  of  not  less  than  twenty -five  dollars  ($25) 
nor  more  than  one  hundred  dollars  ($100),  to  be  recovered  in 
the  name  of  the  People  of  the  State  of  Illinois,  by  action  of 
assumpsit,  before  any  justice  of  the  peace  of  the  county,  which 
penalty,  when  collected,  shall  be  added  to  the  township  school 
fund  of  the  township. 

S  21.  When  school  trustees  are  elected  at  town  meetings,  as 
provided  in  section  nineteen  (19)  of  this  article,  it  shall  be  the 
duty  of  the  county  clerk,  as  soon  as  the  list  of  the  names  of 
officers  elected  at  the  towrn  meetings  is  filed  with  him,  to  give 
the  county  superintendent  a  list  of  the  names  of  all  school 


19 

trustees  elected  at  the  town  meetings  of  the  county,  and  of  the 
towns  for  which  they  are  elected. 

£  22.  Within  ten -days  after  the  annual  election  of  trustees, 
the  board  shall  organize  by  appointing  one  of  their  number 
president,  and  spme  person  who  shall  not  be  a  director  or 
trustee,  but  w*f6  shall  be  a  resident  of  the  township,  treasurer, 
if  ther^be  a  vacancy  in  this  office,  who  shall  be  ex  officio  clerk 
of  trie  board. 

S  23.  The  president  shall  hold  his  office  for  one  year,  and  the 
treasurer  for  two  years,  and  until  their  successors  are  appointed, 
but  either  of  said  officers  may  be  removed  by  the  board  for 
good  and  sufficient  cause. 

S  24.  It  shall  be  the  duty  erf~  the  president  to  preside  at  all 
meetings  of  the  board  and  it  shall  be  the  duty  of  the  clerk  to 
be  present  at  all  meetings  of  the  board,  and  to  record  in  a  book 
to  be  provided  for  the  purpose  all  of  their  official  proceedings, 
which  book  shall  be  a  public  record,  open  to  the  inspection  of 
any  person  interested  therein.  All  of  said  proceedings  when  re- 
corded shall  be  signed  by  the  president  and  clerk.  If  the  presi- 
dent or  clerk  shall  be  absent  or  refuse  to  perform  any  of  the 
duties  of  his  office  at  any  meeting  of  the  board,  a  president  or 
clerk  pro  tern,  may  be  appointed. 

£  25.  It  shall  be  the  duty  of  the  board  of  trustees  to  hold 
regular  semi-annual  meetings  on  the  first  Mondays  of  April  and 
October,  and  special  meetings  may  be  held  at  such  other  times 
as  they  think  proper.  Special  meetings  of  the  board  may  be 
called  by  the  president  or  any  two  members  thereof.  At  all 
meetings  two  members  shall  be  a  quorum  for  business. 

£  26.  At  the  regular  semi-annual  meetings  on  the  first  Mon- 
days of  April  and  October,  the  trustees  shall  ascertain  the 
amount  of  state,  county  and  township  funds  on  hand  and  sub- 
ject to  distribution,  and  shall  apportion  the  same  as  follows: 

First — Whatever  sum  may  be  due  for  the  compensation  and 
the  books  of  the  treasurer,  and  such  sum  as  may  be  deemed 
reasonable  and  necessary  for  dividing  school  lands,  making 
plats,  etc. 

Second — And  the  remainder  of  such  funds  shall  be  divided 
among  the  districts,  or  fractions  of  districts,  in  which  schools 
have  been  kept  in  accordance  with  the  provisions  of  this  act 
and  the  instructions  of  the  state  and  county  superintendents 
during  the  preceding  year  ending  June  30,  in  proportion  to  the 
number  of  children  under  twenty -one  (21)  years  of  age  in  each. 

§  27.  The  funds  thus  apportioned  shall  be  placed  on  the 
books  of  the  treasurer  to  the  credit  of  the  respective  districts, 
and  the  same  shall  be  paid  out  by  the  treasurer  on  the  legal 
orders  of  the  directors  of  the  proper  districts  in  the  same  man- 
ner as  other  funds  of  the  district  are  paid  out. 

§  28.  The  board  of  trustees  of  each  towrnship  in  this  State 
shall  prepare,  or  cause  to  be  prepared,  by  the  township  treas- 


20 

urer,  the  clerk  of  the  board,  the  directors  of  the  several  districts. 
or  other  person,  and  forwarded  to  the  county  superintendent  of 
the  county  in  which  the  township  lies,  on  or  before  the  15th 
day  of  July,  preceding  each  regular  session  of  the  General  Assem- 
bly of  this  State,  and  at  such  other  times  as  may  be  required 
by  the  county  superintendent,  or  by  the  State  Superintendent 
of  Public  Instruction,  a  statement  exhibiting  the  condition  of 
schools  in  their  respective  towns-hips  for  the  preceding  biennial 
period,  giving  separately  each  year,  commencing  on  the  first  of 
July  and  ending  on  the  last  of  June,  which  statement  shall  be 
as  follows: 

First — The  whole  number  of  schools  which  have  been  taught 
in  each  year;  what  part  of  said  number  have  been  taught  by 
males  exclusively;  what  part  have  been  taught  by  females  ex- 
clusively; what  part  of  said  whole  number  have  been  taught  by 
males  and  females  at  the  same  time,  and  what  part  by  males 
and  females  at  different  periods. 

Second — The  whole  number  of  scholars  in  attendance  at  all 
the  schools,  giving  the  number  of  males  and  females  separately. 

Third — The  number  of  male  and  female  teachers,  giving  each 
separately;  the  highest,  lowest,  and  average  monthly  compen- 
sation paid  to  male  and  female  teachers,  giving  each  item  sepa- 
rately. 

Fourth — The  number  of  persons  under  twenty-one  years  of 
age,  making  a  separate  enumeration  of  those  above  the  age  of 
twelve  years  who  are  unable  to  read  and  write,  and  the  cause 
or  causes  of  the  neglect  to  educate  them. 

Fifth — The  amount  of  the  principal  of  the  township  fund ;  the 
amount  of  interest  of  the  township  fund  paid  into  the  township 
treasury;  the  amount  raised  by  ad  valorem  tax,  and  the  amount 
of  such  tax  received  into  the  township  treasury,  and  amount 
of  all  other  funds  received  into  the  township  treasury. 

Sixth — Amount  paid  for  teachers'  wages;  the  amount  paid 
for  school  house  lots;  the  amount  paid  for  building,  repairing, 
purchasing,  renting  and  furnishing  school  houses;  the  amount 
paid  for  school  apparatus,  for  books  and  other  incidental  ex- 
penses for  the  use  of  school  libraries;  the  amount  paid  as  com- 
pensation to  township  officers  and  others. 

Seventh — The  whole  amount  of  the  receipts  and  expenditures 
for  school  purposes,  together  with  such  other  statistics  and 
information  in  regard  to  schools  as  the  State  Superintendent  or 
county  superintendent  may  require.  And  any  township  from 
which  such  report  is  not  received  in  the  manner  and  time  re- 
quired by  law,  shall  forfeit  its  portion  of  the  public  fund  for 
the  next  ensuing  year:  Provided,  that  upon  the  recommenda- 
tion of  the  county  superintendent,  or  for  good  and  sufficient 
reasons,  the  State  Superintendent  may  remit  such  forfeiture. 

§  29.  In  all  cases  where  a  township  is,  or  shall  be  divided 
by  a  county  line  or  lines,  the  board  of  trustees  of  such  township 


21 

shall  make  or  cause  to  be  made  separate  enumerations  of  male 
and  female  persons  of  the  ages  as  directed  by  section  28  of 
this  article,  designating  separately  the  number  residing  in  each 
of  the  counties  in  which  such  township  may  lie,  and  forward 
each  respective  number  to  the  proper  county  superintendent  Ox 
each  of  said  counties;  and  in  like  manner,  as  far  as  practicable, 
all  other  statistics  and  information  enumerated  and  required  to 
be  reported  in  the  aforesaid  section,  shall  be  separately  re- 
ported to  the  several  county  superintendents;  and  all  such  parts 
of  said  statistical  information  as  are  not  susceptible  of  division 
and  are  impracticable  to  be  reported  separately,  shall  be  re- 
ported to  the  county  superintendent  of  the  county  in  which 
the  sixteenth  section  of  such  township  is  situated. 

>?  30.  At  each  semi-annual  meeting,  and  at  such  other  meet- 
ings as  they  may  think  proper,  the  said  township  board  shall 
examine  all  books,  notes,  mortgages,  securities,  papers,  moneys 
and  effects  of  the  corporation,  and  the  accounts  and  vouchers 
of  the  township  treasurer,  or  other  township  school  officer,  and 
shall  make  such  order  thereon  for  their  security,  preserva- 
tion, collection,  correction  of  errors,  if  any,  and  for  their 
proper  management,  as  may  seem  to  said  board  necessary. 

£  31.  The  trustees  of  schools  in  each  township  in  the  State 
may  receive  any  gift,  grant,  donation  or  devise  made  for  the 
use  of  any  school  or  schools,  or  library,  or  other  school  pur- 
poses within  their  jurisdiction,  and  they  shall  be  and  are 
hereby  invested,  in  their  corporate  capacity,  with  the  title,  care 
and  custody  of  all  school  houses  and  school  house  sites:  Pro- 
vided, that  the  supervision  and  control  of  such  school  houses 
and  school  house  sites  shall  be  vested  in  the  board  of  direc- 
tors of  the  district. 

£  32.  When,  in  the  opinion  of  any  board  of  directors,  the 
school  house  site  or  any  buildings  have  become  unnecessary  or 
unsuitable  or  inconvenient  for  a  school,  the  board  of  trustees, 
on  petition  of  a  majority  of  the  voters  of  the  district,  shall 
sell  and  convey  the  same  in  the  name  of  the  said  board,  after 
giving  at  least  twenty  days'  notice  of  such  sale  by  posting  up 
•written  or  printed  notices  thereof,  particularly  describing  said 
property,  and  the  terms  of  sale,  which  notice  may  be  in  the 
following  form,  viz.: 

Public  notice  is  hereby  given  that  on  the day  of 

A.  D ,  the  trustees  of  schools  of  township   No ,  range    No. 

,  will  sell  at  public  sale,  on  the    premises   hereinafter   described, 

between  the  hours  of  ten  o'clock  A.  M.,  and  three  o clock  p.  M.,  the  school 
house  situated  on  the  school-house  site,  known  as  (here  describe  the  site 
by  its  number,  commonly  known  name,  or  other  definite  description), 
and  located  in  the  (here  describe  its  place  in  the  section)  which  sale  will 
l>e  made  on  the  following  terms,  to-wit:  (Here  insert  as  "one-third  of 
the  purchase  money  cash  in  hand,  and  the  balance  in  two  equal  pay- 
ments, due  in  one  and  two  years  from  the  day  of  sale,  with  interest  at 

the  rate  of per  cent,  from  date.") 

A.   B. 
C.   D. 
E.   F. 
Trustees 


22 

And  the  deed  of  conveyance  of  the  property  so  sold  shall  be 
executed  by  the  president  and  clerk  of  said  board,  and  the 
proceeds  of  such  sale  shall  be  paid  over  to  the  township 
treasurer,  for  the  benefit  of  said  district. 

§  33.  All  conveyances  of  real  estate  which  may  be  made  to 
said  board,  shall  be  made  to  said  board  in  their  corporate 
name,  and  to  their  successors  in  office. 

§  34.  The  township  board  shall  cause  all  moneys  for  the 
use  of  the  townships  and  districts,  to  be  paid  over  to  the  town- 
ship treasurer,  who  is  hereby  constituted  and  declared  to  be 
the  only  lawful  depositary  and  custodian  of  all  township  and 
district  school  funds.  They  shall  have  power  also  to  remove 
the  township  treasurer,  at  any  time,  for  any  failure  or  refusal 
to  execute  or  comply  with  any  order  or  requisition  of  said 
board,  legally  made  and  entered  of  record,  or  for  other  im- 
proper conduct  in  the  discharge  of  his  duty  as  treasurer.  They^ 
shall  also  have  power  for  any  failure  or  refusal  as  aforesaid 
to  sue  him  upon  his  official  bond  and  recover  all  damages  sus- 
tained by  the  said  board  in  its  corporate  capacity,  by  reason, 
of  such  neglect  or  refusal  as  aforesaid. 

§  35.  The  township  trustees  are  hereby  vested  with  general 
power  and  authority  to  purchase  real  estate,  if  in  their  opin- 
ion the  interests  of  the  township  fund  will  be  promoted  thereby y 
in  satisfaction  of  any  judgment  or  decree  wherein  the  said 
board  or  the  county  superintendent  are  plaintiffs  or  complain- 
ants; and  the  title  of  such  real  estate  so  purchased  shall  vest 
in  said  board  for  the  use  of  the  inhabitants  of  said  township, 
for  school  purposes. 

§  36.  The  board  of  trustees  are  hereby  vested  with  general 
power  and  authority  to  make  all  settlements  with  persons  in- 
debted to  them  in  their  official  capacity;  or  to  receive  deeds 
to  real  estate  in  compromise;  and  to  cancel,  in  such-  manner 
as  they  may  think  proper,  notes,  bonds,  mortgages,  judgments 
and  decrees,  existing  or  that  may  hereafter  exist,  for  the 
benefit  of  the  township,  when  the  interest  of  said  township,  or 
of  the  fund  concerned  shall,  in  their  opinion,  require  it;  and 
their  action  in  the  premises  shall  be  valid  and  binding. 

§  37.  The  board  of  trustees  are  hereby  authorized  to  lease 
or  sell  at  public  auction,  any  land  that  may  come  into  their 
possession  in  the  manner  provided  for  in  either  of  the  two  pre- 
ceding sections  in  such  manner  and  on  such  terms  as  they 
may  deem  for  the  interests  of  the  townships:  Provided,  that 
in  all  cases  of  sale  of  such  land,  the  sale  shall  be  either  at 
the  door  of  the  court  house,  where  judicial  sales  of  land  are 
usually  made,  or  else  on  the  premises  to  be  sold,  as  the  trus- 
tees may  order  and  direct:  And,  provided,  that  in  all  cases  of 
sale  of  land,  as  provided  in  this  section,  the  sale  shall  be 
made  in  the  manner  provided  for  sale  of  the  sixteenth  section 
by  section  14  of  article  XIII  of  this  act. 


23 

§  #K.  Upon  petition  of  not  less  than  fifty  voters  of  any 
school  township,  filed  with  the  township  treasurer  at  least  fif- 
teen days  preceding  the  regular  election  of  trustees,  it  shall 
be  the  duty  of  said  treasurer  to  notify  the  voters  of  said  town- 
ship that  an  election  "For"  or  "Against"  a  township  high 
school  will  be  held  at  the  said  next  regular  election  of  trus- 
tees, by  posting  notices  of  such  election  in  at  least  ten  of  the 
most  public  places  throughout  such  township,  for  at  least  ten  days 
before  the  day  of  such  regular  election;  which  notices  may  be 
in  the  following  form,  viz. : 

''HIGH   SCHOOL  ELECTION." 

Notice  is  hereby  given  that  on   Saturday,   the day  of  April, 

A.  D ,  an  election  will  be  held  at for  the 

purpose  of  voting  "For"  or  "Against"  the  proposition  to  establish  a  town- 
ship high  school  for  the  benefit  of  township  No range  No 

The  polls  for  said  election  will    be   open   at and  close  at 

o'clock  of  said  day. 

^  A.   B.. 

Township   Treasurer. 

Provided,  that  when  any  city  in  this  State,  having  a  popula- 
tion of  not  less  than  one  thousand  and  not  over  one  hundred 
thousand  inhabitants,  lies  within  two  or  more  townships,  then 
that  township  in  which  a  majority  of  the  inhabitants  of  said 
city  reside  shall,  together  with  said  city,  constitute  a  school 
township  under  this  act  for  high  school  purposes.  [As  amended 
by  act  approved  June  19,  1891. 

£  )•>!>.  Tlu>  ballots  for  such  election  shall  be  received  and 
canvassed  as  in  other  elections,  and  may  have  thereon  the 
name  of  the  person  or  persons  whom  the  voter  desires  for 
trustee  or  trustees. 

§  40.  If  a  majority  of  the  votes  at  such  election  shall  be 
found  to  be  in  favor  of  establishing  a  township  high  school,  it 
shall  be  the  duty  of  the  trustees  of  the  township  to  call  a 
special  election  on  any  Saturday  within  sixty  days  from  the 
time  of  the  election  establishing  the  township  high  school,  for 
the  purpose  of  electing  a  township  board  of  education,  to  con- 
sist of  five  members,  notice  of  which  election  shall  be  given 
for  the  same  time  and  in  the  same  manner  as  provided  for  in 
the  election  of  township  trustees.  The  members  elected  shall 
determine  by  lot,  at  their  first  meeting,  the  length  of  term 
each  is  to  serve.  Two  of  the  members  shall  serve  for  one  year 
each,  two  for  two  years,  and  one  for  three  years,  from  the 
second  Saturday  of  April  next  preceding  their  election.  When- 
ever a  vacancy  occurs  (except  by  death  or  resignation),  a  suc- 
cessor or  successors  shall  be  elected,  each  of  whom  shall  serve 
for  three  years,  which  subsequent  election  shall  be  held  on  the 
same  day  and  in  the  same  manner  as  the  election  of  township 
trustees.  In  case  of  vacancy  from  other  cause  than  the  expira- 
tion of  the  term  of  office,  the  board  shall  call  an  election  with- 
out delay,  which  election  may  be  held  on  any  Saturday,  notice 
of  which  shall  be  given  for  the  same  time  and  in  the  same 


24 

manner  as  for  the  election  of  township  trustees.  Within  ten 
days  after  their  election,  the  members  of  the  township  board 
of  education  shall  meet  and  organize  by  electing  one  of  their 
number  president,  and  by  electing  a  secretary.  It  shall  be  the 
duty  of  the  township  board  of  education  to  establish  at  some 
central  point  most  convenient  to  a  majority  of  the  pupils  of 
the  township,  a  high  school  for  the  education  of  the  more 
advanced  pupils. 

§  41.  For  the  purpose  of  building  a  school  house,  support- 
ing the  school  and  paying  other  necessary  expenses,  the  town-, 
ship  shall  be  regarded  as  a  school  district;  and  the  township 
board  of  education  shall  have  the  power  and  discharge  the 
duties  of  directors  for  such  district  in  all  respects. 

§  42.  In  like  manner  the  voters  and  trustees  of  two  or 
more  adjoining  townships,  or  paVfcs  of  townships,  may  co-op- 
erate in  the  establishment  and  maintenance  of  a  high  school, 
on  such  terms  as  they  may,  by  written^ Agreement  made  and 
signed  by  the  boards  of  trustees,  enter  into. 

§  43.  When  any  township,  townships  or  parts  of  townships 
shall  have  organized  a  high  school,  and  wish  to  discontinue 
the  same,  upon  petition  "of  not4§ss  than  a  majority  of  the 
legal  voters  of  said  township,  townships  or  parts  of  townships, 
filed  with  the  township  treasurers  of  said  townships  at  least 
fifteen  days  preceding  a  regular  election  of  trustees,  it  shall 
be  the  duty  of  the  said  treasurers  to  notify  the  voters  of  the 
township,  townships  or  parts  of  townships,  that  an  election 
will  be  held  on  the  day  of  said  regular  election  of  trustees, 
for  the  purpose  of  voting  "For"  or  "Against"  discontinuing 
the  township  high  school;  which  notice  shall  be  given  in  the 
same  manner  and  for  the  same  length  of  time,  and  may  be  in 
substantially  the  same  form  as  the  notice  provided  for  in  sec- 
tion 38  of  this  article. 

§  44.  The  ballots  for  such  election  shall  be  received  and 
canvassed  in  the  same  manner  as  provided  for  in  section  39 
of  this  article.  If  the  majority  of  the  votes  at  such  election 
shall  be  found  in  favor  of  discontinuing  the  high  school,  it 
shall  be  the  duty  of  the  trustees  to  discontinue  the  same,  and 
turn  all  the  assets  of  the  said  high  school  over  to  the  school 
fund  of  the  township  or  townships  interested  therein,  in  pro- 
portion to  the  assessed  valuation  of  said  townships,  to  be  used 
as  any  other  township  fund  for  school  purposes. 

§  45.  No  trustee  of  schools  shall  be  interested  in  the  sales, 
proceeds  or  profits  of  any  book,  apparatus  or  furniture  used,  in 
any  school  in  this  State  with  which  such  trustee  may  be  in 
any  manner  connected.  For  offending  against  the  provisions 
of  this  section,  any  such  trustee  shall  be  liable  to  indictment, 
and,  upon  conviction,  shall  be  fined  in  a  sum  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  and 
may  be  imprisoned  in  the  county  jail  not  less  than  one  nor 
more  than  twelve  months,  at  the  discretion  of  the  court. 


25 

§  46.  Trustees  of  schools  in  newly  organized  townships 
shall  lay  off  the  township  into  one  or  more  school  districts,  to 
suit  the  wishes  or  convenience  of  a  majority  of  the  inhabitants 
of  the  township,  and  shall  prepare  or  cause  to  be  prepared  a 
map  of  the  the  township,  on  which  map  shall  be  designated 
the  district  or  districts,  to  be  styled,  when  there  are  more  districts 

than  one,   "District  No ,  in  township  No ,  range  No. 

....,  of  the   ....   P.  M.     (according    to    the    proper    numbers), 
county  of   ,  and  State  of  Illinois." 

§  47.  In  a  township  where  such  division  into  districts  has 
been  made,  the  said  trustees  may,  in  their  discretion,  at  the 
regular  meeting  in  April,  when  petitioned  as  hereinafter  pro- 
vided for,  change  such  districts  as  lie  wholly  within  their 
township,  so  as — 

First — To  divide  or  consolidate   districts. 

Second — To  organize  a  new  district  out  of  territory  belong- 
ing to  two  or  more  districts. 

Third — To  detach  territory  from  one  district  and  add  the 
same  to  another  district  adjacent  thereto. 

£  4K  No  change  shall  be  made  as  provided  for  in  the  pre- 
ceding section,  unless  petitioned  for — 

First — By  a  majority  of  the  legal  voters  of  each  of  the  dis- 
tricts affected  by  the  proposed  change. 

Second — By  two-thirds  (f)  of  the  legal  voters  living  within 
certain  territory,  described  in  the  petition,  asking  that  said 
territory  be  detached  from  one  district  and  added  to  another. 

Third — By  two- thirds  (f )  of  all  the  legal  voters  living  within 
certain  territory,  containing  not  less  than  ten  (10)  families, 
asking  that  said  territory  may  be  made  a  new  district. 

S  49.  In  school  districts  having  a  population  of  not  less 
than  one  thousand  inhabitants,  whether  acting  under  the  gen- 
eral school  law  or  organized  and  acting  under  a  special  char- 
ter, desiring  a  change  of  boundaries,  the  question  of  such 
change  may  be  submitted  to  the  trustees  by  a  vote  of  the  peo- 
plr.  instead  of  by  the  petition  provided  for  in  the  preceding 
section;  and  when  petitioned  so  to  do  by  twenty-five  legal 
voters  of  the  district,  the  school  board  of  the  district  shall 
submit  the  question  of  the  change  desired  to  the  voters  of  saicf 
district,  at  a  special  election  called  for  that  purpose,  and  held 
at  least  thirty  days  prior  to  the  regular  April  meeting  of  trus- 
tees. If  a  majority  of  the  votes  cast  at  any  such  election  shall 
be  in  favor  of  the  change  proposed,  then,  due  return  of  the 
election  having  been  made  to  the  township  treasurer,  the  town- 
ship trustees  shall  consider  and  take  action  the  same  as  if 
petitioned  therefor  by  a  majority  of  the  legal  voters  of  such 
district:  Provided,  that  no  question  of  change  of  boundaries 
shall  be  submitted  to  a  vote  of  the  school  district  more  than 
once  in  any  year.  [As  amended  by  act  approved  June  18, 
1891. 


26 

§  50.  No  petition  shall  be  acted  upon  by  the  board  of  trus- 
tees unless  such  petition  shall  have  been  filed  with  the  clerk 
of  the  said  board  of  trustees  at  least  twenty  days  before  the  reg- 
ular meeting  in  April,  nor  unless  a  copy  of  the  petition, 
together  with  a  notice  in  writing,  signed  by  one  or  more  of 
the  petitioners,  shall  be  delivered  by  the  petitioners,  or  some 
one  of  them,  at  least  ten  days  before  the  date  at  which  th<> 
petition  is  to  be  considered,  .  to  the  president  or  clerk  of  the 
board  of  directors  of  each  district  whose  boundaries  will  be 
changed  if  the  petition  is  granted. 

Which  notice  may  be   in  the  following  form,  to- wit: 

The  directors  in  District  No ,  in  township  No range  "No 

of  the principal  meridian,  will  take  notice  that  the  undersigned  and 

others  have  made  and  filed  with  the  board    of  trustees  of   said  township 
their  petition,  a  copy  of  which  is  herewith  handed  to  you. 

Signed 

ij  51.  At  the  said  April  meeting,  by  the  concurrent  action 
of  the  several  boards  of  trustees  of  the  townships  in  which  the 
district  or  districts  affected  lie,  each  board  being  petitioned  as 
provided  for  in  section  48  of  this  article,  the  same  changes  may 
be  made  in  the  boundaries  both  of  districts  which  lie  in  sepa- 
rate townships,  but  adjacent  to  each  other,  and  of  districts 
formed  of  parts  of  two  or  more  townships,  as  are  permitted  to 
be  made  in  districts  which  lie  wTholly  in  one  township. 

§  52.  When,  at  the  regular  meeting  of  the  trustees  in  April, 
any  petition  shall  come  before  the  trustees,  asking  for  any 
change  in  boundaries,  it  shall  be  the  duty  of  the  trustees  to 
ascertain  if  the  foregoing  provisions  have  been  strictly  com- 
plied with;  and  if  it  shall  appear  that  they,  or  either  of  them, 
have  not  been  complied  with,  then,  "in  such  case,  the  board 
shall  adjourn  for  not  longer  than  four  weeks,  in  order  that  the 
foregoing  provisions  may  be  complied  with,  but  there  shall  be 
but  one  adjournment  for  such  purpose. 

§  53.  If,  on  the  day  of  the  regular  meeting,  or,  in  case  of 
an  adjournment,  at  the  adjourned  meeting,  it  shall  appear  that 
such  provisions  have  been  complied  with,  then  the  trustees  shall 
consider  the  petition,  and  shall  also  hear  any  legal  voters  liv- 
ing in  the  district  or  districts  that  will  be  affected  by  the 
change  if  made,  who  may  appear  before  them  to  oppose  the 
petition,  and  they  shall  grant  or  refuse  the  prayer  of  the  peti- 
tioners without  unreasonable  delay.  After  the  trustees  shall 
consider  the  petition,  no  objection  shall  be  thereafter  raised 
as  to  its  form,  and  their  action  shall  be  prima  facie  evidence 
that  all  the  formal  requirements  have  been  complied  with. 

§  54.  The  petitioners,  or  the  legal  voters  wlio  nave  appeared 
before  the  trustees  at  the  meeting  when  the  petition  was  consid- 
ered, and  opposed  the  same,  shall  have  the  right  of  appeal  to 
the  county  superintendent  of  schools:  Provided,  that  the  party 
appealing  files  with  the  clerk  of  the  trustees  a  written  notice 


27 

of  appeal  within  ten  days  after  the  final  action  upon  the  peti- 
tion by  the  trustees,  which  notice  may  be  in  the  following- 
form,  to- wit: 

To  the  trustees  of  schools,  township  No range  No of 

county,  Illinois: 

You  are  hereby  notified  that  the   undersigned    will    appeal    from    your 

decision,  made  on  the day  of ,  A.  D ,  granting,  (or 

refusing)  the  prayer  of  the  petition    in  regard  to  (here  give  substance  of 

the  petition  concerned)  to  the  county  superintendent  of  schools  of 

county,  Illinois,  as  provided  by  law. 

Signed 

§  55.  When  an  appeal  is  taken  from  the  action  of  the  trus- 
tees to  the  county  superintendent,  the  clerk  of  the  trustees 
shall,  within  five  days  after  the  written  notice  of  the  appeal 
has  been  filed  with  him  by  the  appellants,  transmit  all  the 
papers  in  the  case,  with  a  transcript  of  the  records  of  the 
trustees,  showing  their  action  thereon  to  the  county  superintend- 
ent; and,  in  case  of  an  appeal,  the  township  treasurer  shall  be 
required  to  take  no  further  action  in  the  matter,  except  upon 
the  order  of  the  county  superintendent,  whose  duty  it  shall  be 
to  investigate  the  case  upon  such  appeal;  and  if,  in  his  opinion, 
the  change  asked  is  for  the  best  interest  of  the  district  or  dis- 
tricts concerned,  he  shall  make  such  change  or  changes,  but 
if  he  considers  the  proposed  change  unadvisable,  he  shall  refuse 
to  make  it,  and  shall  reverse,  if  need  be,  the  action  of  the 
trustees,  and  shall  give  the  clerk,  from  whom  he  received  the 
paper,  immediate  notice  of  his  decision;  and  his  action  shall  be 
final  and  binding.  If  the  changes  asked  for  by  the  petitioners 
shall  be  made  by  the  county  superintendent,  he  shall  notify, 
in  writing,  the  clerk  by  whom  the  papers  in  the  case  were 
transmitted  to  him,  of  his  action,  and  the  clerk  shall  there- 
upon make  a  record  of  the  same,  and  shall,  within  ten  days 
thereafter,  make  a  copy  of  the  same,  and  a  map  of  the  town- 
ship, showing  the  districts,  and  an  accurate  list  of  the  tax-pay- 
ers of  the  newly  arranged  districts,  and  deliver  them  to  the 
county  clerk  for  filing  and  record  by  him,  the  same  as  if  the 
changes  had  been  ordered  by  the  trustees. 

£  56.  In  all  cases  where  the  territory  affected  by  a  proposed 
change  of  district  boundaries  is  divided  by  a  county  line  or  lines, 
the  appeal  may  be  taken  to  the  county  superintendent  of  schools 
of  any  one  of  the  counties  in  which  said  territory  is  partly  lo- 
cated; and  upon  any  appeal  being  taken  in  any  such  case,  the 
county  superintendent  of  schools,  to  whom  such  appeal  is  taken, 
shall  forthwith,  give  notice  to  the  county  superintendent  or 
superintendents  of  schools  of  the  other  county  or  counties,  of 
the  pendency  of  such  appeal,  and  of  the  time  and  place  when 
and  where  it  will  be  heard;  and  the  county  superintendents  of 
schools  of  the  counties  in  which  the  said  territory  is  located, 
shall  meet  together  at  such  time  and  place,  and  together  hear 


28 

and  determine  said  appeal.  In  case  the  said  county  superin- 
tendents shall  be  unable  to  arrive  at  an  agreement,  then  the 
Bounty  judge  of  the  county  where  such  appeal  is  pending  shall 
be  called,  and  shall  constitute  one  of  the  board  of  appeal,  and 
thereupon  the  appeal  shall  be  heard  and  determined  by  them. 
And  the  county  superintendent  of  schools  to -whom  such,  appeal 
is  taken  shall  at  once  notify,  in  writing,  the  clerk  by  whom 
the  papers;  in  the  case  were  transmitted  to  him  of  the  action 
taken  on  s'uch  appeal,  as  hereinafter  provided. 

§  57.  Whenever  change  in  boundaries  is  made  by  the  trus- 
tees of  schools,  if  no  appeal  is  taken  to  the  county  superin- 
tendent, the  clerk  of  the  trustees  shall  make  a  complete  copy 
of  the  record  of  the  action  of  the  trustees;  which  copy  shall 
be  certified  by  the  president  of  the  trustees  and  the  clerk  who 
shall  file  the  same,  together  with  a  map  of  the  township,  show- 
ing the  districts,  and  an.  accurate  list  of  the  tax-payers  of  the 
newly  arranged  districts,  with  the  county  clerk  for  record 
within  twenty  days  of  the  action  of  the  trustees. 

§  58.  In  case  any  territory  shall  be  set  off  from  any  dis- 
trict that  has  a  bonded  debt,  the  change  not  being  petitioned 
for  by  a  majority  of  the  legal  voters  of  said  district,  such 
original  district  shall  remain  liable  for  the  payment  of  such 
bonded  debt  as  if  not  divided.  The  directors  of  the  original 
district  having  such  bonded  debt  and  of  the  district  into  which 
the  territory  taken  from  such  original  district  has  been  incor- 
porated or  formed,  shall  constitute  a  joint  board  for  the  pur- 
pose of  determining  and  certifying,  and  they  shall  determine 
and  certify  to  the  county  clerk  the  amount  of  tax  required 
yearly  for  the  purpose  of  paying  the  interest  and  principal  of 
such  bonded  debt;  which  tax  shall  be  extended  by  the  county 
clerk  against  all  property  embraced  within  such  original  dis- 
te'ict  as  if  it  had  not  been  divided. 

*  £  59.  When  the  trustees  of  schools  shall  organize  a  new  dis- 
trict, as  hereinbefore  provided  for,  it  shall 'be  the  duty  of  the 
•clerk  of  the  board  of  trustees,  if  no  appeal  is  taken  to  the 
•county  superintendent,  to  order,  within  fifteen  days  after  the 
aetion  of  the  trustees,  an  election,  to  be  held  at  some  conven- 
ient time  and  place,  within  the  boundaries  of  such  newly  or- 
ganized district,  for  the  election  of  three  school  directors,  notice 
being  given  by  the  township  treasurer,  who  shall  post  up  at 
least  three  notices  of  such  election  in  at  least  three  prominent 
places  in  said  district,  at  least  ten  days  prior  to  the  time  ap- 
pointed for  holding  such  election,  which  notices  shall  specify 
the  place  where  such  election  is  to  be  held,  the  time  for  open- 
ing and  closing  the  polls,  and  the  object  of  said  election, 
"which  notice  may  be  in  the  following  form,  to-wit: 


29 

"ELECTION   NOTICE." 

Public  notice  is  hereby  given  that  on  the day  of A.  D. 

an  election  will  be  held  at for  the  purpose  of  electing 

three  school  directors  for  the  new  district  known  as  district  No ,  in. 

township  No ,  range  No ,  of  the P.  M.,  in county, 

Illinois. 

The  polls  at  said  election  will  be  open  at o'clock M.,  and  close 

at o'clock M. 

By  order  of  the  board  of  trustees  of  said  township. 

Signed 

Township   Treasurer. 

§  60.  At  the  time  appointed  for  opening  the  polls  for  said 
election,  it  shall  be  the  duty  of  the  legal  voters  present,  five  of 
whom  shall  constitute  a  quorum,  to  appoint  three  of  their 
number,  two  of  whom  shall  act  as  judges,  and  one  as  clerk  of 
said  election;  and  the  election  in  all  other  respects  shall  be  con- 
ducted as  other  elections  for  the  election  of  school  directors. 

§  61.  Within  ten  days  after  the  election,  it  shall  be  the  duty 
of  the  directors,  elected  at  such  election,  to  meet  at  some  con- 
venient time  and  place  previously  agreed  upon  by  said  direc- 
tors, and  organize  as  a  district  board  by  appointing  one  of 
their  number  president,  and  another  of  their  number  clerk  of 
said  board,  as  in  other  cases  of  the  election  of  school  directors. 
At  this  first  meeting  of  the  directors,  they  shall  draw  lots  for 
their  respective  terms  of  office  for  one,  two  and  three  years, 
each  of  which  shall  be  considered  a  fractional  term,  ending  at 
each  annual  meeting  according  to  the  term  drawn. 

§  62.  In  case  a  new  district  is  organized  by  the  action  of 
the  county  superintendent,  the  said  clerk  of  the  board  of  trus- 
tees shall,  within  five  days  after  he  has  received  notice  of  the 
action  of  the  county  superintendent  on  the  appeal,  order  an 
election  of  directors  in  the  new  district,  the  same  as  if  the 
change  had  been  made  by  the  board  of  trustees,  and  such  elec- 
tion shall  be  held  in  the  same  manner  as  the  election  provided 
for  where  the  trustees  have  formed  such  new  district. 

§  63.  Whenever  a  new  district  has  been  formed  by  the  trus- 
tees, or  by  the  county  superintendent,  or  county  superintend- 
ents, from  a  part  of  a  district  or  from  parts  of  two  or  more 
districts,  the  trustees  of  the  township  or  townships  concerned 
shall  proceed  forthwith  to  make  a  distribution  of  tax  funds,  or 
other  funds  which  are  in  the  hands  of  the  treasurer,  or  to  which 
the  district  may,  at  the  time  of  such  division,  be  entitled;  so 
that  both  the  old  and  new  districts  shall  receive  parts  of  such 
funds,  in  proportion  to  the  amount  of  taxes  collected  next  pre- 
ceding such  division  from  the  taxable  property  in  the  territory 
composing  the  several  districts.  If  the  new  district  be  composed 
of  parts  of  two  or  more  districts,  the  trustees  shall  make  dis- 
tribution of  said  funds  -between  the  new  district  and  the  old 
districts,  respectively,  so  that  the  new  district  shall  receive  a 
distribution  of  the  funds  of  each  of  the  old  districts,  in  the 
proportion  which  the  amount  of  taxes  collected  from  the  prop- 


30 

» 

in  the  territory  of  the  new  district  bears  to  the  whole 
taxes  collected,  next  before  the  division,  in  the  old  district;  and 
the  town  treasurer  shall  forthwith  place  the  sum  so  distributed 
to  the  credit  of  the  respective  districts,  and  shall  immediately 
place  the  proportion  of  the  funds  to  which  said  new  district 
may  be  entitled  to  its  credit  on  his  books,  and  the  funds  on 
hand  shall  be  subject  at  once  to  the  order  of  the  directors  of 
the  new  district,  and  those  not  on  hand  as  soon  as  collected. 

§  64.  The  trustees  of  the  township  or  townships  concerned 
shall,  at  the  time  of  the  creation  of  a  new  district,  or  within 
the  period  of  thirty  days  thereafter,  proceed  to  the  appoint- 
ment of  three  appraisers,  who  shall  not  be  citizens  of  the  town- 
ship or  townships  interested.  It  shall  be  the  duty  of  said  ap- 
praisers, within  thirty  days  after  their  appointment,  to  appraise 
the  school  property,  both  real  and  personal,  of  the  district  or 
districts  interested,  at  their  fair  cash  value.  Within  thirty  days 
after  such  appraisement,  the  trustee  or  trustees  of  the  township 
or  townships  concerned  shall  proceed  to  charge  the  property  to 
the  district  in  which  it  may  be  found,  and  to  credit  the  other 
district  interested  therein  with  its  proportion  of  such  valuation : 
Provided,  that  the  bona  fide  debts,  if  any.  of  the  old  district, 
shall  first  be  deducted  and  the  balance  charged  and  credited  as 
aforesaid  and  the  trustees  shall  direct  the  treasurer  to  place 
to  the  credit  of  the  district  not  retaining  said  property,  its 
proportion  of  the  value  of  said  property,  and  of  the  funds  then 
on  hand,  or  subsequently  to  accrue,  belonging  to  such  district 
to  which  such  property  is  charged. 

§  65.  If  the  trustees  shall  fail  to  observe  the  provisions  of 
sections  63  and  64,  in  reference  to  distribution  of  funds  and 
property,  they  shall  be  individually  and  jointly  liable  to  the 
district  interested,  in  an  action  on  the  case,  to  the  full  amount 
of  the  damages  sustained  by  the  district  aggrieved.  Where 
trustees  have  heretofore  failed  to  make  distribution  of  property 
to  districts,  as  provided  in  said  sections  63  and  64  of  this 
article,  the  district  interested  in  the  making  of  such  distribu- 
tion may,  by  its  directors,  request  the  trustees,  in  writing,  to 
proceed  to  make  such  distribution;  and  said  trustees  shall 
proceed  to  make  such  distribution  in  the  manner  prescribed, 
and  shall  be  liable,  as  herein  stated,  for  a  neglect  or  failure  so 
to  do. 

§  66.  The  clerk  of  any  board  of  trustees  who  shall  fail,  neg- 
lect, or  refuse  to  perform  the  duties  imposed  upon  him  by  this 
article  of  this  act,  or  any  of  them,  within  the  time  and  in  the 
manner  prescribed,  shall,  for  each  offense,  forfeit  not  less  than 
ten  dollars  ($10),  nor  more  than  twenty-five  dollars  ($25)  of  his 
pay  as  clerk  of  the  board  of  trustees  and  township  treasurer, 
which  forfeiture  shall  be  enforced  by  the  trustees. 

§  67.  If  any  school  district  shall,  for  two  consecutive  years, 
fail  to  maintain  a  public  school,  as  required  by  law  to  do,  it  shall 


31 

be  the  duty  of  the  trustees  of  schools  of  the  township,  or  town- 
ships, in  which  such  district  lies,  to  attach  the  territory  of  such 
district  to  one  or  more  adjoining  school  districts;  and,  in  case 
said  territory  is  added  to  two  or  more  districts,  to  divide  the 
property  of  said  district  between  the  districts  to  which  its  ter- 
ritory is  added,  in  the  manner  hereinbefore  provided  for  the 
division  of  property  in  case  a  new  district  is  organized  from  a 
part  of  another  district,  and  the  action  of  the  trustees  in  such 
a  ease  shall  be  final  and  binding.  And  the  clerk  of  the  trustees 
in  such  case  shall  file  a  copy  of  the  record  of  the  same,  to- 
gether with  the  map  and  list  of  tax-payers  with  the  county 
clerk  as  in  other  cases  of  change  of  district  boundaries. 

£  (is.  The  majority  of  legal  voters  of  a  district  lying  in  two 
or  more  townships  may  secure  the  dissolution  of  said  district 
by  petitioning  the  several  boards  of  trustees  of  said  townships, 
at  their  regular  meeting  in  April,  that  each  will  add  the  terri- 
tory belonging  to  said  district,  in  its  township,  to  one  or  more 
adjacent  districts.  Upon  receipt  of  such  petition,  or  the  returns 
of  the  election  (in  districts  containing  one  thousand  or  more 
inhabitants)  the  several  boards  of  trustees  shall  each  make 
such  disposition  of  the  territory  of  said  district  as  lies  in  its 
township,  and  they  shall  jointly  make  such  division  of  property 
of  said  district  between  the  districts  to  wThich  its  territory  is 
attached,  as  is  hereinbefore  provided  in  the  case  of  the  organi- 
zation of  a  new  district  from  a  part  of  another  district.  The 
action  of  the  trustees,  in  accordance  with  such  petition  or  elec- 
tion, shall  be  final  and  binding;  and  the  clerks  of  the  several 
boards  of  trustees,  in  such  case,  shall  file  a  copy  of  the  record 
of  the  same,  together  with  the  map  and  lists  of  tax-payers,  with 
the  county  clerk,  as  in  other  cases  of  change  of  district  bounda- 
ries. 

$  (W.  The  trustees  of  schools,  elected  as  provided  for  in  this 
article,  shall  be  the  successors  to  the  trustees  of  school  lands, 
appointed  by  the  county  commissioners*  court,  and  of  trustees 
of  schools  elected  in  townships  under  the  provisions  of  ''An  act 
making  provisions  for  organizing  and  maintaining  common 
schools,"  approved  February  26,  1841,  and  "An  act  to  estab- 
lish and  maintain  common  schools,"  approved  March  1,  1847, 
and  ''An  act  to  establish  and  maintain  a  system  of  free  schools," 
approved  April  1,  1872.  All  rights  of  property,  and  rights  and 
causes  of  action,  existing  or  vested  in  the  trustees  of  school 
lands,  or  the  trustees  of  schools  appointed  or  elected  as  afore- 
said,  for  the  use  of  the  inhabitants  of  the  township,  or  any  part 
of  them,  shall  vest  in  the  trustees  of  schools,  as  successors,  in 
as  full  and  complete  a  manner  as  was  vested  in  the  trustees  of 
school  lands,  or  the  trustees  of  schools  appointed  and  elected 
a>  -aforesaid. 


ARTICLE  IV. 


TOWNSHIP   TREASURER. 


Bond;  form  of  bond. 

Treasurer's  accounts;    record    of  notes 

and  bonds;  subject  to  inspection. 
Terms  of  loans. 


3. 

4.    Securities  to  pun  to  board  of  trustees. 

5. 


t    6. 


Surplus  district  funds  may  be  loaned. 
Statement  of  loans  to  be  delivered  to 

county  superintendent. 
§    7.     Form  and  release  of  mortgage. 
§    8.     Action  on  mortgage;  insurance  policies. 
$    9.    Additional  security. 
§  10.    Preference  given  to  debts  due  to  school 

fund. 
§  11.    Default  in  payment;  penalty;  action  to 

recover  interest. 
§12.    Manner  of  bringing  suits. 


§  14. 
15. 

16. 

17. 


§  18. 
§  19. 


§  13.    Treasurer  shall  keep  money,  books  and 

papers,  and  keep  funds  at  interest. 
Send  annual  statement  to  trustees. 
S  15.     Annual  exhibit. 
§  16.    Statement  to  districts;    exhibit   to    be 

posted. 

Penalty  for  failure  to  perform  require- 
ments of  the  preceding  sections. 
Unpaid  orders   of  teachers  to  draw  in- 
terest. 

Additional  duties  defined 

§  550.  Treasurer  liable  for  i'ailure  to  perform 
his  duties,  but  not  liable  when  acting 
under  orders  of  board. 

§  21.     Bonds,  securities,  etc  ,  to  be  turned  over 
to  successor;  penalty  and  judgment. 
§  22.    Compensation  of  the  treasurer. 

§  1.  The  township  treasurer  appointed  by  the  board  of 
trustees  of  schools  shall,  before  entering  upon  his  duties,  execute 
a  bond  with  two  or  more  freeholders,  who  shall  not  be  mem- 
bers of  the  board,  as  securities,  payable  to  the  board  of  trustees 
of  the  township  for  which  he  is  appointed  treasurer,  with  a 
sufficient  penalty  to  cover  all  liabilities  which  may  be  incurred, 
conditioned  faithfully  to  perform  all  the  duties  of  township 

treasurer  in  township  No ,  range  No ,  in 

county  according  to  law;  which  bond  shall  be  approved  by  at 
least  a  majority  of  the  board,  and  shall  be  delivered  by  one  of 
the  trustees  to  the  county  superintendent  of  the  proper  county. 
And  in  all  cases  where  such  treasurer  aforesaid  is  to  have  $ie 
custody  of  all  bonds,  mortgages,  moneys  and  effects  denomi- 
nated principal,  and  belonging  to  the  township  for  which  he  is 
appointed  treasurer,  the  penalty  of  said  treasurer's  bonds  shall 
be  twice  the  amount  of  all  bonds,  notes,  mortgages,  moneys 
and  effects;  and  shall  provide  for  the  faithful  accounting  for, 
and  turning  over,  of  all  such  bonds,  notes,  mortgages,  moneys 
and  effects  as  shall  come  into  his  hands  while  he  may  act  as 
such  treasurer,  under  such  appointment,  to  his  successor,  when 
appointed  and  qualified,  as  herein  provided,  by  giving  bond. 
The  penalty  of  said  bond  shall  be  increased  from  time  to  time, 
as  the  increase  of  the  amount  of  notes,  bonds,  mortgages  and 
effects  may  require,  and  whenever,  in  the  judgment  of  the 
trustees  or  county  superintendent,  the  security  is  insufficient. 
Any  and  every  township  treasurer  appointed  subsequent  to  the 
first,  as  herein  provided,  shall  execute  bond  with  security,  as 
is  required  of  the  first  treasurer. 

The   bond   required   in  this  section  shall- be  in  the  following 
form,  viz.: 


33 
STATE  OF  ILLINOIS, 


County;  f  ss' 


Know  all  men  by  these  presents,  that  we,  A.  B..  C.  D.  and  E.  F.,  are 
held  and  firmly  bound,  jointly  and  severally,  unto  the  board  of  trustees 

of  township ,  range ,  in  said  county,  in  the  penal  sum 

of  dollars,  for  the  payment  of  which  we  bind  ourselves,  our 

heirs,  executors  and  administrators  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 

day  of  ,  A.  D.,  18....    The  condition  of  the  above  obligation 

is  such  that  if  the  above  bounden  A.  B.,  township  treasurer  of  township 

,  range  ,  in  the  county  aforesaid,  shall  faithfully 

discharge  the  duties  of  said  office,  according  to  the  laws  which  now  are 
or  may  hereafter  be  in  force,  and  shall  deliver  to  his  successor  in  office, 
after  such  successor  shall  have  fully  qualified  by  giving  bond  as  provided 
by  law,  all  moneys,  books,  papers,  securities  and  property  which  shall 
come  into  his  hands  or  control,  as  such  township  treasurer,  from  the  date 
of  this  bond  up  to  the  time  that  his  successor  shall  have  duly  qualified 
as  township  treasurer,  by  giving  such  bond  as  shall  be  required  by  law, 
then  this  obligation  to  be  void;  otherwise  to  remain  in  full  force  and 
virtue. 

Approved  and  accepted  by: 

G.  H.,  )  A.  B.,   (Seal.) 

I.  J.,    ^Trustees.  C.  D.,    (Seal.) 

K.  L.,  }  E.  K     (Seal.) 

§  2.  Every  township  treasurer  shall  provide  himself  with  two 
well  bound  books,  the  one  to  be  called  a  cash  book,  the  other 
a  loan  book.  He  shall  charge  himself  in  the  cash  book  with  all 
moneys  received,  stating  the  charge,  when,  from  whom,  and  on 
what  account  received,  and  credit  himself  with  all  moneys  paid 
or  loaned,  stating  the  amount  loaned,  the  date  of  the  loan,  the 
rate  of  interest,  the  time  when  payable,  the  name  of  the  securi- 
ties; or,  if  real  estate  to  be  taken,  a  description  of  the  same. 

He  shall  also  enter,  in  separate  accounts,  moneys  received  and 
moneys  paid  out,  charging  the  first  to  debit  account,  and  cred- 
iting the  latter  as  follows,  to- wit: 

Ftrst — The  principal  of  the  township  fund,  when  paid  in  and 
when  paid  out. 

Second — The  interest  of  the  township  fund,  when  received  and 
when  paid  out. 

Third — The  common  school  fund  and  other  funds,  when  re- 
ceived from  the  county  superintendent  and  when  paid  out. 

Fourth — The  taxes  received  from  the  county  or  town  col- 
lector, for  what  district  received,  and  when  and  for  what  pur- 
pose paid  out. 

Fifth — Donations  received. 

Sixth — Moneys  coming  from  all  other  sources;  and  in  all  cases 
entering  the  date  when  received,  and  when  paid  out.  And  he 
shall  also  arrange  and  keep  his  books  and  accounts  in  such 
other  manner  as  may  be  directed  by  the  State  or  county  super- 
intendent or  the  board  of  trustees.  He  shall  also  provide  a 
book,  to  be  called  a  journal,  in  which  he  shall  record,  fully 
and  at  length,  the  acts  and  proceedings  of  the  board,  their 

—3  S 


34 

orders,  by-laws  and  resolutions.  And  he  shall  also  provide  a 
book,  to  be  called  a  record,  in  which  he  shall  enter  a  brief  de- 
scription of  all  notes  or  bonds  belonging1  to  the  township,  and 
upon  the  opposite  page  he  shall  note  down  when  paid,  or  any 
remarks  to  show  where  or  in  what  condition  it  is,  as  in  the 
following  form,  viz.: 

Maker's  Name.      Date  of  Note.      When  Due.      Amount.      Remarks. 

January  6, 
18...,  handed 

A.  B.,  C.  D.,  E.  F.    January  1,  18. .     January  1,  18. .      $90.00     J^fc^JJ1* 

or  January 
6,  18..,   paid. 

All  the  books  and  accounts  of  the  treasurer  shall  at  all  times 
be  subject  to  the  inspection  of  the  trustees,  directors  or  other 
person  authorized  by  this  act,  or  by  any  committee  appointed 
by  the  voters  of  the  township,  at  the  annual  election  of  trus- 
tees, to  examine  the  same. 

§  3.  Township  treasurers  shall  loan,  upon  the  following  con- 
ditions, all  moneys  which  shall  come  to  their  hands  by  virtue  of 
their  office,  except  such  as  may  be  subject  to  distribution.  The 
rate  of  interest  shall  not  be  less  than  six  (6)  per  cent.,  nor 
more  than  eight  (8)  per  cent,  per  annum,*  payable  annually, 
the  rate  of  interest  to  be  determined  by  a  majority  of  the  town- 
ship trustees  at  any  regular  or  special  meeting  of  their  board. 
No  loans  shall  be  made  for  less  than  six  (6)  months,  nor  more 
than  five  (5)  years.  For  all  sums  not  exceeding  two  hundred 
dollars  ($200)  loaned  for  not  more  than  one  year,  two  (2)  re- 
sponsible sureties  shall  be  given;  for  all  sums  over  two  hundred 
dollars  ($200),  and  for  all  loans  for  more  than  one  (1)  year, 
security  shall  be  given  by  mortgage  on  real  estate  unincum- 
bered,  in  value  forty  per  cent,  more  than 'the  amount  loaned, 
with  a  condition  that  in  case  additional  security  shall  be  at  any 
time  required,  the  same  shall  be  given  to  the  satisfaction  of  the 
board  of  trustees  for  the  time  being:  Provided,  that  nothing 
herein  shall  prevent  the  loaning  of  township  funds  to  boards  of 
school  directors,  taking  bonds  therefor,  as  provided  in  section 
1,  article  IX,  of  this  act. 

§  4.  Notes,  bonds,  mortgages  and  other  securities  taken  for 
money  or  other  property  due,  or  to  become  due  to  the  board 
of  trustees  for  the  township,  shall  be  payable  to  the  said  board 
by  their  corporate  name;  and  in  such  name,  suits,  actions  and 
complaints,  and  every  description  of  legal  proceedings  may  be 
had  for  the  recovery  of  money,  the  breach  of  contracts  and  for 
every  legal  liability  which  may  at  any  time  arise  or  exist,  or 
upon  which  a  right  of  action  shall  accrue  to  the  use  of  such  cor- 
poration: Provided,  however,  that  notes,  bonds,  mortgages 
and  other  securities  in  which  the  name  of  the  county  superin- 
tendent, or  of  the  trustees  of  schools  are  inserted,  shall  be  valid 

*  7  per  cent,  is  the  highest  rate  allowed  by  law  on  loans  made  ou  or  after  July  1,  1891. 


35 

to  all  intents  and  purposes,  and  suit  shall  be  brought  in  the 
name  of  the  board  of  trustees  as  aforesaid.  The  wife  of  the 
mortgagor  (if  he  is  married)  shall  join  in  the  mortgage  given 
to  secure  the  payment  of  money  loaned  by  virtue  of  the  pro- 
visions of  this  act. 

§  5.  Whenever  there  is  a  surplus  fund  in  the  treasurer's 
hands  belonging  to  any  school  district,  the  treasurer  may  loan 
the  same  for  the  use  and  benefit  of  such  district,  upon  the 
written  request  of  the  directors  of  said  district  and  not  other- 
wise; and  all  such  loans  shall  be  on  the  same  conditions  as 
are  prescribed  in  this  article  for  the  loaning  of  township  funds. 

§  6.  The  township  treasurer  shall,  on  or  before  the  30th  day 
of  June,  annually,  prepare  and  deliver  to  the  county  superin- 
tendent of  his  county,  a  statement,  verified  by  his  affidavit, 
showing  the  exact  condition  of  the  township  funds.  Said  state- 
ment shall  contain  a  description  of  the  securities,  bonds,  mort- 
gages and  notes  belonging  to  the  township,  giving  names  of 
securities,  dates,  amount  of  loans,  rate  of  interest,  when  due, 
and  all  data  by  which  a  full  understanding  of  the  condition  of 
the  funds  may  be  obtained.  The  county  superintendent  shall 
preserve  such  statement  for  the  use  of  the  township. 

$  7.  Mortgages  to  secure  the  payment  of  money  loaned  under 
the  provisions  of  this  act,  may  be  in  the  following  form,  viz.: 

I.  A.  B.,  of   the  county  of    ,  and  State  of ,  do 

hereby  grant,  convey  and  transfer  to  the  trustees  of  school  of  township 

,  range  No ,  in   the  county  of ,  and  State 

of  Illinois,  for  the  use  of  the  inhabitants  of  said  township,  the  following 
described  real  estate,  to-wit:  (Here  insert  premises),  which  real  estate  I 

declare  to  be  in  mortgage    for  the    payment   of dollars  loaned 

to  me,  and  for  the  payment  of  all  interest  that  may  accrue  thereon  to  be 

computed  at  the  rate  of per   cent,  per  annum  until   paid.    And 

I  do   hereby  covenant    to   pay  the  said    sum  of    money  in years 

from  the  date  hereof,  and  to  pay  the  interest  on  the  same  annually,  at 
the  rate  aforesaid.  I  further  covenant  that  I  have  a  good  and  valid  title 
to  said  estate,  and  that  the  same  is  free  from  all  incumbrance,  and  that 
I  will  pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate, 
and  that  I  will  give  any  additional  security  that  may  at  any  time  be  re- 
quired in  writing  by  said  board  of  trustees;  and  if  said  estate  be  sold  to 
pay  said  debt,  or  any  part  thereof,  or  for  any  failure  or  refusal  to  comply 
with  or  perform  the  conditions  of  covenant  herein  contained,  I  will  de- 
liver immediate  possession  of  the  premises.  And  it  is  further  agreed,  by 
and  between  the  parties,  in  case  a  bill  is  filed  in  any  court  to  foreclose 
this  mortgage  for  non-payment  of  either  principal  or  interest,  that  the 
mortgagor  will  pay  a  reasonable  solicitor's  fee,  and  the  same  shall  be  in- 
cluded in  the  decree  and  be  taxed  as  costs:  and  we,  A.  B.,  and  C.,  wife  of 
A.  B.,  hereby  release  all  right  to  the  said  premises  which  we  may  have 
by  virtue  of  any  homestead  laws  of  this  State,  and  in  consideration  of 
the  premises,  C.,  wife  of  A.  B.,  doth  hereby  release  to  said  board  all  her 
right  and  title  of  dower  in  the  aforegranted  premises  for  the  purpose 
aforesaid. 

In    testimony  whereof,  we   have   hereby  set  our   hands  and   seals   this 

day  of ,  18.... 

A.  B.    (Seal.) 
C.  B.    (Seal.) 


36 

Which  mortgage  shall  be  acknowledged  and  recorded  as  is  re 
quired  by  law  for  other  conveyances  of  real  estate,  the  mort- 
gagor paying  expenses  of  acknowledgment  and  recording. 

On  payment  of  any  school  mortgage  in  full,  it  shall  be  the 
duty  of  the  trustees  of  schools  to  give  a  deed  of  release  of  such 
mortgage  or  to  enter  satisfaction  thereof  upon  the  record,  such 
deed  of  release  or  satisfaction  to  be  executed  by  the  township 
treasurer. 

§  8.  Upon  the  breach  of  any  condition  or  stipulation  con- 
tained in  said  mortgage,  an  action  may  be  maintained  and  dam- 
ages recovered  as  upon  other  covenants;  but  mortgages  made 
in  any  other  form  to  secure  payment,  as  aforesaid,  shall  be 
valid  as  if  no  form  had  been  prescribed.  In  estimating  the  value 
of  real  estate  mortgaged  to  secure  the  payment  of  money  loaned 
under  the  provisions  of  this  law,  the  value  of  improvements 
liable  to  be  destroyed  may  be  included;  but  in  any  such  case 
said  improvements  shall  be  insured  for,  the  insurable  value 
thereof  in  some  safe  and  responsible  insurance  company  or 
companies,  and  the  policy  or  policies  of  insurance  shall  be 
transferable  to  the  board  of  trustees  as  additional  security  for 
any  loan,  and  shall  be  kept  so  insured  until  the  loan  is  paid. 

§  9.  In  all  cases  where  the  board  of  trustees  shall  require 
additional  security  for  the  payment  of  money  loaned,  and  such 
security  shall  not  be  given,  the  township  treasurer  shall  cause 
suit  to  be  instituted  for  the  recovery  of  the  same,  and  all  in- 
terest thereon  to  the  date  of  judgment:  Provided,  that  proof 
be  made  of  the  said  requisition. 

§  10.  In  the  payment  of  debts  by  executors  and  administra- 
tors, those  due  the  common  school  or  township  fund  shall  have 
a  preference  over  all  other  debts,  except"  funeral  expenses,  the 
widows  award,  and  the  expenses  attending  the  last  sickness, 
not  including  the  physician's  bill.  And  it  shall  be  the  duty  of 
the  township  treasurer  to  attend  at  the  office  of  the  probate 
judge  upon  the  proper  day,  as  other  creditors,  and  have  any 
debts,  as  aforesaid,  probated  and  classed,  to  be  paid  as  aforesaid. 

§  11.  If  default  be  made  in  the  payment  of  interest  due 
upon  money  loaned  by  any  county  superintendent  or  township 
treasurer,  or  in  the  payment  of  the  principal,  interest  at  the 
rate  of  twelve  per  cent,  per  annum  shall  be  charged  upon  the 
principal  and  interest  from  the  day  of  default,  which  interest 
shall  be  included  in  the  assessment  of  damages;  or  in  the  judg- 
ment in  the  suit  or  action  brought  upon  the  obligation  to  en- 
force payment  thereof,  and  interest  as  aforesaid  may  be  re- 
covered in  an  action  brought  to  recover  interest  only.  The 
said  township  treasurer  is  hereby  empowered  to  bring  appro- 
priate actions  in  the  name  of  the  board  of  trustees,  for  the 
recovery  of  the  yearly  interest,  when  due  and  unpaid,  without 
suing  for  the  principal,  in  whatever  form  secured;  and  justices 
of  the  peace  shall  have  jurisdiction  of  such  cases  of  all  sums 
not  exceeding  two  hundred  dollars. 


£  12.  All  suits  brought  or  actions  instituted  under  the  pro- 
visions of  this  act,  may  be  brought  in  the  name  of  the  trustees 
of  schools  of  township  N«o ,  range  No ,  except  as  pro- 
vided for  qui  tarn  actions,  or  actions  in  favor  of  county  super- 
intendents. 

3  13.  The  said  township  treasurer  shall  demand,  receive  and 
safely  keep,  according  to  law,  all  moneys,  books  and  papers  of 
every  description  belonging  to  his  township.  He  shall  keep  the 
township  funds  loaned  at  interest;  and  if,  on  the  first  Monday 
in  October,  in  any  year,  there  shall  be  any  interest  or  other 
funds  on  hand  which  shall  not  be  required  for  distribution,  such 
amount  not  required  as  aforesaid,  may,  if  the  board  of  trustees 
see  proper,  forever  be  considered  as  principal  in  the  funds  to 
which  it  belongs,  and  loaned  as  such. 

£  14.  On  the  first  Mondays  in  April  and  October  of  every 
year,  the  township  treasurer  shall  lay  before  the  board  of  trus- 
tees a  statement  showing  the  amount  of  interest,  rents,  issues 
and  profits  that  have  accrued  or  become  due  since  their  last 
regular  half-yearly  meeting,  on  the  township  lands  and  town- 
ship funds,  and  also  the  amount  of  state  and  county  fund  in- 
terest on  hand.  He  shall  also  lay  before  the  said  trustees  all 
books,  notes,  bonds,  mortgages  and  all  other  evidences  of  in- 
debtedness belonging  to  the  township,  for  the  examination  of 
the  trustees;  and  shall  make  such  other  statement  as  the  board 
may  require,  touching  the  duties  of  his  office. 

ij  15.  The  said  township  treasurer  shall  make  out  annually, 
and  present  io  the  board  of  trustees,  at  tfreir  meeting  succeed- 
ing the  annual  election,  a  complete  exhibit  of  the  fiscal  affairs 
of  the  township,  and  of  the  several  districts  or  parts  of  districts 
in  the  township,  showing  the  receipts  of  money,  and  the  sources 
from  which  they  have  been  derived,  and  the  deficit  and  delin- 
quencies, if  there  be  any,  and  the  cause,  as  well  as  a  classified 
statement  of  moneys  paid  out,  and  the  amount  of  obligations 
remaining  unpaid. 

§  16.  The  township  treasurer  shall,  within  two  days  after 
the  first  Monday  in  April,  and  on  July  fifteenth  in  each  year, 
make  out  for  each  district  or  part  of  district  in  the  township,  a 
statement  or  exhibit  of  the  exact  condition  of  the  account  of 
such  district  or  part  of  district,  as  shown  by  his  books  on 
April  first  and  June  thirtieth  of  each  year;  which  statement  or 
exhibit  shall  show  the  balance  at  the  time  of  making  the  last 
exhibit,  and  the  amount  received  since,  up  to  the  time  of  mak- 
ing the  exhibit,  and  when  and  from  what  source  received;  and  it 
shall  also  show  the  amount  paid  out  during  the  same  time,  to 
whom  paid,  and  for  what  purpose,  and  shall  be  balanced,  and  the 
balance  shown.  It  shall  be  the  duty  of  said  treasurer  to  com- 
ply with  any  lawful  demand  the  said  trustees  may  make  as  to 
the  verification  of  any  balance  reported  by  said  treasurer  to  be 
on  hand.  The  exhibit  shall  be  subscribed  and  sworn  to  by  the 
treasurer  before  any  officer  authorized  to  administer  an  oath, 
and  shall  then,  by  the  treasurer,  be.  without  delay,  delivered  or 


38 

transmitted  by  mail  to  the  clerk  of  the  board  of  directors  of 
the  proper  district.  It  shall  be  the  duty  of  the  said  clerk,  upon 
receiving  such  exhibit,  to  enter  the  same  upon  the  records  of 
the  district,  and,  at  the  next  annual  election  of  directors  there- 
after, to  cause  a  copy  thereof  to  be  posted  up  at  the  front  door 
of  the  building  where  such  election  is  held. 

§  17.  For  a  failure  on  the  part  of  the  treasurer,  clerk  of  any 
board  of  directors,  or  any  director,  to  comply  with  any  of  the 
requirements  of  the  preceding  sections  of  this  article,  he  shall 
be  liable  to  a  penalty  of  not  less  than  five  dollars  ($5)  nor 
more  than  fifty  dollars  ($50),  to  be  recovered  before  any  justice 
of  the  peace  of  the  county  in  which  the  offense  is  committed, 

§  18.  When  any  order  drawn  for  the  payment  of  a  teacher, 
is  presented  to  the  township  treasurer  for  payment,  and  is  not 
paid  for  want  of  funds,  the  said  treasurer  shall  make  a  written 
statement  over  his  signature  by  an  endorsement  on  such  order, 
with  date,  showing  such  presentation  and  non-payment,  and 
shall  make  and  keep  a  record  of  such  endorsement.  Such  order 
shall  thereafter  draw  interest  at  the  rate  of  eight  per  cent,  per 
annum  until  paid,  or  until  the  treasurer  shall,  in  writing, 
notify  the  clerk  of  the  board  of  directors  that  he  has  funds  to 
pay  such  order;  and  of  said  notice,  the  said  treasurer  shall 
make  and  keep  a  record;  after  giving  said  notice,  he  shall  hold 
the  funds  necessary  to  pay  such  order  until  it  is  presented  for 
payment,  and  such  order  shall  draw  no  interest  after  the  giv- 
ing of  said  notice  to  said  clerk  of  the  board. 

§  19.  In  addition  to  the  foregoing  requirements,  it  shall  be 
the  duty  of  the  said*  township  treasurer — 

Fir  si — To  return  to  the  county  clerk  of  his  county,  on  or  be- 
fore the  second  Monday  in  August  in  each  year,  the  certificate 
of  tax  levy  made  by  each  board  of  school  directors  in  his 
township. 

Second — To  pay,  whenever  he  has  funds  in  his  hands  belong- 
ing to  the  district,  all  lawful  orders  drawn  on  him  by  the 
board  of  directors  of  any  school  district  in  his  township. 

Third — To  collect,  from  the  collector  of  taxes  of  the  township 
and  the  county  collector  of  taxes,  the  full  amount  of  the  tax 
levies  made  by  the  several  boards  of  directors  in  his  township. 

Fourth — To  examine  the  official  record  of  each  school  district 
in  the  township  on  the  first  Mondays  in  April  and  October  of 
each  year. 

Fifth  — To  keep  a  correct  account  between  the  districts  where 
pupils  are  transferred  by  the  directors  from  one  district  to  an- 
other. 

Sixth — To  give,  upon  the  order  of  the  trustees  of  schools, 
notice  of  the  election  of  trustees,  as  required  by  law. 

Seventh  — To  give,  in  case  of  the  formation  of  a  new  school 
district,  notice  of  the  election  of  a  board  of  school  directors. 


V\  B  ft  A  « 

«f    THK 

UNIVERSITY 


39 


Eighth — To  cause  to  be  published  in  some  newspaper  pub- 
lished in  his  county  an  annual  statement  of  the  finances  of  the 
township,  as  required  by  law. 

Ninth — To  make,  whenever  a  change  has  been  made  in  the 
boundaries  of  a  school  district,  a  complete  copy  of  the  records 
of  the  trustees,  a  map  of  the  township  showing  such  change  of 
boundaries,  and  an  accurate  list  of  the  tax  payers  in  the  newly 
arranged  districts,  and  file  the  same  with  the  county  clerk 
within  twenty  days  of  the  time  such  change  was  made. 

Tenth — To  file  and  safely  keep  all  poll-books  and  returns  of 
elections  which  may  be  delivered  to  him  under  any  provisions 
of  this  act. 

Eleventh — To  receive  and  safely  keep  all  moneys,  sucurities, 
papers  and  effects  belonging  to  the  township  or  the  school  dis- 
tricts, which,  by  law,  are  required  to  be  deposited  with  such 
treasurer. 

§  20.  For  any  failure  or  refusal  to  perform  all  the  duties  re- 
quired of  the  township  treasurer  by  law,  he  shall  be  liable  to 
the  board  of  trustees,  upon  his  official  bond,  for  all  damages 
sustained,  to  be  recovered  by  action  of  debt  by  said  board,  in 
their  corporate  name,  for  the  use  of  the  proper  township,  before 
any  court  having  jurisdiction  of  the  amount  of  damages  claimed; 
but  if  such  treasurer,  in  any  such  failure  or  refusal,  acted  under 
and  in  conformity  to  a  requisition  or  order  of  said  board,  or  a 
majority  of  them,  entered  upon  their  journal  and  subscribed  by 
their  president  and  clerk,  then,  and  in  that  case,  the  members 
of  the  board  aforesaid,  or  those  of  them  voting  for  such  requi- 
sition, or  order  aforesaid,  and  not  the  treasurer,  shall  be  liable, 
jointly  and  severally,  to  the  inhabitants  of  the  township  for 
such  damages,  to  be  recovered  by  an  action  of  assumpsit  in 
the  official  name  of  the  county  superintendent  of  schools,  for 
the  use  of  the  proper  townships:  Provided,  that  said  township 
treasurer  shall  be  liable  for  any  part  of  the  judgment  obtained 
against  said  trustees  which  cannot  be  collected  on  account  of 
the  insolvency  of  such  trustees. 

§  21.  Whenever  a  township  treasurer  shall  resign  or  be  re- 
moved, and  at  the  expiration  of  his  term  of  office,  he  shall  pay 
over  to  his  successor  in  office  all  money  on  hand,  and  deliver 
over  all  books,  notes,  bonds,  mortgages  and  all  other  securities 
for  money,  and  all  papers  and  documents  of  every  description 
in  which  the  corporation  has  any  lawful  interest  whatever. 
And  in  case  of  the  death  of  the  township  treasurer,  his  secur- 
ities and  legal  representatives  shall  be  bound  to  comply  with 
the  requisitions  of  this  section,  so  far  as  the  said  secureties  and 
legal  representatives  may  have  the  power  so  to  do.  And  for  a 
failure  to  comply  with  the  requisities  of  this  section,  the 
persons  neglecting  or  refusing  shall  be  liable  to  a  penalty  of 
not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dol- 
lars ($100)  at  the  discretion  of  the  court  before  which  judgment 
may  be  obtained,  to  be  recovered  in  an  action  of  debt,  in  the 


40 

name  of  the  trustees  of  schools,  before  any  justice  of  the  peace, 
for  the  benefit  of  the  school  fund  of  such  township:  Provided 
that  the  obtaining  or  payment  of  such  judgment  shall  in  no 
wise  discharge  or  diminish  the  obligations  of  the  persons  sign- 
ing the  official  bond  of  such  township  treasurer. 

£  22.  The  township  treasurers  shall  receive  in  full,  for  all 
services  rendered  by  them,  a  compensation  to  be  fixed,  prior 
to  their  election,  by  the  board  of  trustees. 


ARTICLE  V. 


BOARD   OF   DIRECTORS. 


I  1.  Board  of  directors  in  districts  with  lees 
than  1,0()0  inhabitants. 

§    2.    Board  of  directors  a  body  politic. 

$    3.    Eligibility  of  school  directors. 

§    4.    Non-residence  creates  a  vacancy. 

§    5.     Annual  election  and  term  of  office. 

§    «.    Election  in  new  districts. 

§    7.     Vancancies 

§    8.    Notices  of  election . 

$  9.  Election  in  certain  cases  ordered  by 
township  treasurer  or  county  superin- 
tendent. 

§  10.  Judges;  postponement;  election  on  any 
Saturday. 

§  11.    A  tie  vote. 

§  12.  Delivery  of  the  poll-book,  and  filing  the 
same;  certificate. 

§  13.    Poll-book  in  union  district. 

$  14.  Penalty  for  failure  to  deliver  the  poll- 
book 

§  15.     Organization  of  the  board. 

§  ifi.    Quorum. 

§  17.    Records. 

§  18.    Meetings. 


18     Business  to  be    done    at    a   regular  or 
special  meeting. 

20.  President  or  clerk  pro  tern  pore. 

21.  Report  of  the  organization. 

22.  Reports  of  statistics,  etc 

23.  Not    to    be     interested    in    school    con- 

tracts. 

24      Not  to  be  interested  In  sale  of  school 
books,  etc. 

25.  Liable  to  indictment  and  fine. 

26.  Duties  defined. 

27.  Additional  powers  defined. 

28.  Orders  on  demand. 

29.  Orders  in  anticipation  of  taxes. 

30.  Liable  for  balance  due  teachers. 

§  31.  Vote  of  the  district  required  to  locate 
school  sites,  etc. 

§  32.     dompeiisation  for  school  site. 

§  33.     Removal  by  the  county  superintendent. 

§  34.  Funds  paid  out  upon  orders;  form  of 
order  . 

§  35.     Transfer  of  pupils:  separate  schedules. 

§  36.  Directors  collect  amount  due  from  trans- 
fer pupils. 


SECTION  1.  In  all  school  districts  having  a  population  of  less 
than  one  thousand  inhabitants,  and  not  governed  by  any  special 
act  in  relation  to  free  schools  now  in  force,  there  shall  be 
elected  in  the  manner  hereinafter  provided  for,  a  board  of  di- 
rectors to  consist  of  three  members.  [As  amended  by  an  act 
approved  June  1,  1889. 

§  2.  The  directors  of  each  district  are  hereby  declared  a 
body  politic  and  corporate,  by  the  name  of  "school  directors  of 

District  No ,  township  No ,  range  No ,  county 

of   ,  and  State  of  Illinois,"  and  by  that  name  may 

sue  and  be  sued  in  all  courts  and  places  whatever. 

§  3.  Any  person,  male  or  female,  married  or  single,  of  the 
age  of  twenty-one  years  and  upwards,  who  is  a  resident  of  the 
school  district,  and  who  is  able  to  read  and  write  in  the  Eng- 
lish language,  shall  be  eligible  to  the  office  of  school  director: 
Provided,  that  no  person  shall  be  eligible  to  the  office  of  school 
director  who  is  at  the  time  a  member  of  the  board  of  school 
trustees. 

§  4.  If  any  director  shall,  during  the  term  of  his  office,  re- 
move from  the  district  in  which  he  was  elected,  his  office  shall 


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thereby  become  vacant  and  a  new  director  shall  be  elected,  as 
in  other  cases  of  vacancy  in  office. 

S  5.  The  annual  election  of  school  directors  shall  be  on  the 
third  Saturday  of  April,  when  one  director  shall  be  elected  in 
each  district,  who  shall  hold  his  office  for  three  years,  and  until 
his  successor  is  elected. 

S  6.  In  new  districts,  the  first  election  of  directors  may  be  on 
any  Saturday,  notice  being  given  by  the  township  treasurer,  as 
for  the  election  of  trustees,  when  three  directors  shall  be  elected, 
who  shall,  at  their  first  meeting,  draw  lots  for  their  respective 
terms  of  office,  for  one,  two  and  three  years. 

ij  7.  When  vacancies  occur,  the  remaining  director  or  direct- 
ors shall,  without  delay,  order  an  election  to  fill  such  vacancies, 
which  election  shall  be  held  on  Saturday. 

>j  s.  Notices  of  all  elections  in  organized  districts  shall  be 
given  by  the  directors  at  least  ten  days  previous  to  the  day  of 
said  election.  Said  notices  shall  be  posted  in  at  least  three  of 
the  most  public '  places  in  the  district,  and  shall  specify  the 
place  where  such  election  is  to  be  held,  the  time  of  opening  and 
closing  OA  the  polls,  and  the  question  or  questions  to  be  voted  on. 

§  H.  Should  the  directors  fail  or  refuse  to  order  any  regular 
or  special  election,  as  aforesaid,  it  shall  be  the  duty  of  the 
township  treasurer  to  order  such  election,  and  if  the  township 
treasurer  fails  to  do  so,  then  it  shall  be,  the  duty  of  the  county 
superintendent  to  order  such  election  of  directors  within  ten 
days,  in  each  case  of  such  failure  or  refusal,  and  the  election 
held  in  pursuance  of  such  order  shall  be  valid,  the  same  as  if 
ordered  by  the  directors. 

§  10.  Two  ol  the  directors  ordering  such  election  shall  act  as 
judges,  and  one  as  clerk  of  such  election.  But  if  said  directors 
or  any  of  them  shall  fail  to  order  an  election,  to  attend,  or 
shall  refuse  to  ac\  when  present,  and  in  all  unorganized  districts 
and  in  elections  to  fill  vacancies,  the  legal  voters  when  assem- 
bled shall  choose  such  additional  members  as  may  be  necessary 
to  act  as  two  judges  and  a  clerk  of  said  election:  Provided, 
that  if  upon  the  day  appointed  for  said  election,  the  said  direct- 
ors or  judges  shall  te  of  opinion  that,  on  account  of  the  small 
attendance  of  voters\  the  public  good  requires  it,  or  if  the 
voters  present,  or  a  majority  of  them,  shall  desire  it,  they  shall 
postpone  said  election  until  the  next  Saturday,  at  the  same 
place  and  hour,  when  tVe  voters  shall  proceed  as  if  it  were  not 
an  adjourned  meeting:  \And,  provided,  a/so,  that  if  notice  shall 
not  have  been  given  as  ^bove  required,  then  said  election  shall 
be  ordered  as  aforesaid  &id  holden  on  any  Saturday,  notice 
thereof  being  given,  as  aforesaid. 

§  11.  In  case  of  a  tie  vo^e,  the  judges  shall  decide  it  by  lot 
on  the  day  of  the  election. 


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§  12.  Within  ten  days  after  every  election  of  directors,  the 
judges  shall  cause  the  poll-book  to  be  delivered  to  the  township 
treasurer,  with  a  certificate  •  thereon  showing  the  election  of  said 
directors  and  the  names  of  the  persons  elected;  which  poll-book 
shall  be  filed  by  the  township  treasurer,  and  shall.be  evidence 
of  said  election. 

§  13.  In  cases  of  a  union  district,  made  up  of  parts  of  two  or 
more  townships,  the  poll-book  shall  be  returned  to  the  township 
treasurer  who  receives  the  tax  money  for  said  district. 

§  14.  For  a  failure  to  deliver  the  poll-book  within  the  time 
prescribed,  the  judges  shall  be  liable  to  a  penalty  of  not  less 
than  twenty-five  dollars  ($25)  nor  more  than  one  hundred  dol- 
lars ($100)  to  be  recovered  in  the  name  of  the  People  of  the 
State  of  Illinois,  by  action  of  assumpsit,  before  any  justice  of 
the  peace  of  the  county,  which  penalty,  when  recovered,  shall 
be  added  to  the  township  school  fund  of  the  township. 

§  15.  The  directors,  within  ten  days  after  the  annual  election 
of  the  directors,  shall  meet  and  organize  by  appointing  one  of 
their  number  president,  and  another  of  their  number  clerk  of 
such  board  of  directors. 

§  16.     Two  directors  shall  be  a  quorum  for  business. 

§  17.  The  clerk  of  such  board  of  directors  shall  keep  a  record 
of  all  the  official  acts  of  the  board  in  a  well -bound  book  pro- 
vided for  that  purpose,  which  record  shall  be  signed  by  the  presi- 
dent and  clerk,  and  shall  be  submitted  to  the  township  treasurer 
for  his  inspection  and  approval  on  the  first  Mondays  of  April 
and  October,  and  at  such  other  times  as  the  township  treasurer 
may  require. 

§  18.  The  board  of  directors  shall  hold  regular  meetings  at 
such  times  as  they  may  designate;  and* they  may  hold  special 
meetings  as  occasion  may  require,  at  the  call  of  the  president 
or  any  two  members. 

§  19.  No  official  business  shall  be  transacted  by  the  board 
except  at  a  regular  or  special  meeting. 

§  20.  If  the  president  or  clerk  be  absent  from  any  meeting, 
or,  being  present,  refuses  to  perform  his  official  duties,  a  presi- 
dent or  clerk  pro  tempore  shall  be  appointed. 

§  21.  The  clerk  of  each  board  of  school  directors  shall  report 
to  the  township  treasurer  or  treasurers  of  the  proper  township 
or  townships,  immediately  after  the  organization  of  the  board, 
the  names  of  the  president  and  clerk  of  such  board. 

§  22.  On  or  before  the  seventh  'lay  of  July,  annually,  the 
clerk  of  each  board  of  directors  shall  report  to  the  township 
treasurer  having  the  custody  of  the  funds  of  such  district,  such 
statistics  and  other  information  in  relation  to  the  schools  of  his 
respective  district  as  the  township  treasurer  is  required  to  em- 
body in  his  report  to  the  county  superintendent,  and  the  par- 
ticular statistics  to  be  so  reported  shall  be  determined  and  des- 


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ignated  by  the  State    Superintendent  of    Public  Instruction,  or 
by  the  county  superintendent. 

§  23.  No  director  shall  be  interested  in  any  contract  made 
by  the  board  of  which  he  is  a  member. 

§  24.  No  director  shall  be  interested  in  the  sale,  proceeds  or 
profits  of  any  book,  apparatus  or  furniture  used  or  to  be  used 
in  any  school  in  this  State  with  which  he  may  be  connected. 

$  25.  Any  person  offending  against  the  provisions  of  the  two 
preceding  sections  shall  be  liable  to  indictment,  and,  upon  con- 
viction, shall  be  fined  in  any  sum  not  less  than  twenty -five  dol- 
lars ($25)  and  not  more  than  five  hundred  dollars  ($500),  and 
may  be  imprisoned  in  the  county  jail  not  less  than  one  nor 
more  than  twelve  months,  at  the  discretion  of  the  court. 

§  26.  It  shall  be  the  duty  of  the  board  of  directors  of  each 
district — 

First — At  the  annual  election  of  directors  to  make  a  detailed 
report  of  their  receipts  and  expenditures  to  the  voters  there 
present,  and  transmit  a  copy  of  such  report  to  the  township 
treasurer  within  five  days  from  the  time  of  said  election. 

Second — To  report  to  the  county  superintendent,  within  ten 
days  after  their  employment,  the  full  names  of  all  persons 
employed  as  teachers,  the  date  of  the  beginning  and  the  end 
of  their  contract. 

Third — To  provide  for  the  necessary  revenue  to  maintain  free 
schools  in  their  district  in  the  manner  provided  for  in  article 
VIII  of  this  act. 

Fourth—  When  a  district  is  composed  of  parts  of  two  or  more 
townships,  the  directors  shall  determine  and  inform  the  collec- 
tors of  said  townships,  and  the  collector  or  collectors  of  the 
county  or  counties  in  which  said  townships  lie,  in  writing, 
under  their  hands  as  directors,  which  of  the  treasurers  of  the 
townships  from  wThich  their  district  is  formed  shall  demand 
and  receive  the  tax  money  collected  by  the  said  collector  as 
aforesaid. 

Fiflh—To  establish  and  keep  in  operation  for  at  least  one 
hundred  and  ten  (110)  days  of  actual  teaching,  in  each  year, 
without  reduction  by  reason  of  closing  schools  on  legal  holi- 
days, or  for  any  other  cause,  and  longer  if  practicable,  a  suffi- 
cient number  of  free  schools  for  the  accommodation  of  all  chil- 
dren in  the  district  over  the  age  of  six  (6)  and  under  twenty- 
one  (21)  years,  and  shall  secure  for  all  such  children  the  right 
and  opportunity  to  an  equal  education  in  such  free  schools. 

Sixih — To  adopt  and  enforce  all  necessary  rules  and  regula- 
tions for  the  management  and  government  of  the  schools. 

Seventh — To  visit  and  inspect  the  schools  from  time  to  time 
as  the  good  of  the  schools  may  require. 

E'(jkfh  —To  appoint  all  teachers  and  fix  the  amount  of  their 
salaries. 


44 

Ninth — The  directors  shall  direct  what  branches  of  study  shall 
be  taught,  and  what  text  books  and  apparatus  shall  be  used 
in  the  several  schools,  and  strictly  enforce  uniformity  of  text 
books  therein,  but  shall  not  permit  text  books  to  be  changed 
oftener  than  once  in  four  years,  but  shall  prohibit  such  change.* 

£  Tenth — The  directors  shall  have  power  to  purchase,  at  the 
expense  of  the  district,  a  sufficient  number  of  the  text  books 
used  to  supply  children  whose  parents  are  not  able  to  buy 
them.  The  text  books  bought  for  such  purpose  shall  be  loaned 
only,  and  the  directors  shall  require  the  teacher  to  see  that 
they  are  properly  cared  for  and  returned  at  the  end  of  each 
term  of  school. 

Eleventh— The  directors  shall,  on  or  before  the  seventh  day 
of  July,  annually,  deliver  to  the  township  treasurer,  all  teach- 
ers' schedules  made  and  certified  as  required  by  the  provisions 
of  article  VII  of  this  act,  covering  all  time  taught  during  the 
school  year,  ending  June  30th,  and  the  directors  shall  be  per- 
sonally liable  to  the  district  for  any  loss  sustained  by  it, 
through  the  failure  of  the  directors  to  examine  and  so  deliver 
such  schedules  within  the  time  fixed  by  law. 

Twelfth — The  directors  shall  not  pay  out  any  public  money 
to  any  teacher  unless  such  teacher  shall,  at  the  time  of  his  or 
her  employment,  hold  a  certificate  of  qualification,  obtained 
under  the  provisions  of  this  act,  covering  the  entire  period  of 
his  or  her  employment. 

Thirteenth  -The  directors  shall  not  pay  any  public  funds  to 
any  teacher  unless  such  teacher  shall  have  kept  and  furnished 
schedules  as  required  by  this  act,  and  shall  have  satisfactorily 
accounted  for  books,  apparatus  and  other  property  of  the  dis- 
trict that  he  may  have  taken  in  charge. 

Fourteenth— The  directors  shall  pay  teachers'  wages  monthly. 
Upon  the  receipt  of  schedules,  properly  certified,  the  directors 
shall  at  once  make  out  and  deliver  to  the  teacher  an  order 
upon  the  township  treasurer  for  the  amount  named  in  the 
schedule;  which  order  shall  state  the  rate  at  which  the  teacher 
is  paid  according  to  his  contract,  the  limits  of  time  for  which 
the  order  pays,  and  that  the  directors  have  duly  certified  a 
schedule  covering  this  time.  But  it  shall  not  be  lawful  for  the 
directors  to  draw  an  order  until  they  have  duly  certified  to  the 
schedule;  nor  shall  it  be  lawful  for  the  directors,  after  the 
date  of  filing  schedules  as  fixed  by  lawT,  to  certify  any  schedule 
not  delivered  to  them  before  that  date  by  the  teacher,  when 
such  schedule  is  for  time  taught  before  the  first  of  July  pre- 
ceding, nor  to  give  an  order  in  payment  of  the  teacher's  wages 
for  the  time  covered  by  such  delinquent  schedule. 

Fifteenth — At  the  annual  election  of  directors,  the  directors 
shall  cause  a  copy  of  the  township  treasurer's  report  of  the 

*  See  act  concerning  alcohol  and  nanoricc,  approved  June  1.  1889. 


45 

financial  condition  of  the  district,  provided  by  law,  to  be  posted 
upon  the  front  door  of  the  building  where  such  annual  election 
is  held. 

§  27.  The  board  of  school  directors  shall  be  clothed  with  the 
following  additional  powers: 

First — To  use  any  funds  belonging  to  their  district,  and  not 
otherwise  appropriated,  for  the  purchase  of  a  suitable  book  for 
their  records.  And  the  said  records  shall  be  kept  in  a  punctual, 
orderly  and  reliable  manner. 

Second—  Said  directors  may,  where  they  deem  the  amount  of 
labor  done  sufficient  to  justify  it,  allow  the  clerk  of  such  board 
of  directors,  out  of  any  fund  not  otherwise  appropriated,  com- 
pensation for  duties  actually  performed. 

Third — They  shall  have  the  power  to  dismiss  a  teacher  for  incom- 
petency,  cruelty,  negligence,  immorality  or  other  sufficient  cause. 

Fourth — They  shall  have  power  to  assign  pupils  to  the  several 
schools  in  the  district;  to  admit  non-residents  when  it  can  be 
done  without  prejudice  to  the  rights  of  resident  pupils;  to  fix 
rates  of  tuition;  collect  and  pay  the  same  to  the  township!  treas- 
urer for  the  use  of  said  district. 

Fifth — They  may  suspend  or  expel  pupils  who  may  be  guilty 
of  gross  disobedience  or  misconduct,  and  no  action  shall  lie 
against  them  for  sucn  expulsion  or  suspension. 

Sixth — They  may  provide  that  children  under  twelve  (12) 
years  of  age  shall  not  be  confined  in  school  more  than  four 
hours  daily. 

Seventh— They  may  appropriate,  for  the  purchase  of  libraries 
and  apparatus,  any  school  funds  remaining  after  all  necessary 
school  expenses  are  paid. 

Eighth  —When  any  school  district  owns  any  personal  property 
not  needed  for  school  purposes,  the  directors  of  such  district 
may  sell  sucn  property  at  public  or  private  sale,  as  in  their 
judgment  will  be  for  the  best  interest  of  the  district,  and  the  pro- 
ceeds of  such  sale  shall  be  paid  over  to  the  treasurer  of  such 
district,  for  the  benefit  of  said  school  district. 

Ninth — They  may  grant  special  holidays  whenever  in  their 
judgment  such  action  is  advisable:  Provided,  no  teacher  shall 
be  required  to  make  up  the  time  lost  by  the  granting  of  such 
holidays. 

Tenth — They  shall  have  the  control  and  supervision  of  all  school 
houses  in  their  district,  and  may  grant  the  temporary  use  of 
school  houses  when  not  occupied  by  schools,  for  religious  meet- 
ings and  Sunday  schools,  for  evening  schools  and  literary 
societies,  and  for  such  other  meetings  as  the  directors  may  deem 
proper. 

Eleventh — They  shall  have  power  to  decide  when  the  school 
house  site,  or  the  school  buildings  have  become  unnecessary,  or 
unsuitable,  or  inconvenient  for  a  school. 


46 

Twelfth — They  may  borrow  money,  and  issue  bonds  therefor, 
ior  building  school  houses,  purchasing  sites,  repairing  and  im- 
proving school  houses,  in  the  way  and  manner  provided  for  by 
article  IX  of  this  act. 

§  28.  The  school  directors  shall  draw  no  order  or  warrant 
payable  on  demand  upon  the  township  treasurer  or  against 
any  fund  in  his  hands,  unless  at  the  time  of  drawing  such  order 
or  warrant  there  are  sufficient  funds  in  his  hands  to  pay  the 
amount  of  the  same:  Provided,  this  section  shall  not  apply  to 
orders  issued  to  teachers  for  their  wages. 

§  29.  Whenever  there  is  no  money  in  the  treasury  of  any 
school  district  to  meet  and  defray  the  ordinary  and  necessary 
expenses  thereof,  it  shall  be  lawful  for  the  board  of  directors  to 
provide  that  all  orders  or  warrants  may  be  drawn  and  issued 
:against  and  in  anticipation  of  the  collection  of  any  taxes  already 
levied  by  said  directors  for  the  payment  of  the  ordinary  and 
necessary  expenses  of  any  such  district,  to  the  extent  of  seventy - 
five  per  centum  of  the  total  amount  of  said  tax  levy:  Provided, 
that  warrants  drawn  and  issued  under  the  provisions  of  this 
section  shall  show  upon  their  face  that  they  are  payable  solely 
from  said  taxes  when  collected,  and  not  otherwise,  and  such 
warrants  shall  be  received  by  any  collector  of  taxes  in  payment 
of  the  taxes  against  which  they  are  issued,  and  which  taxes 
against  which  said  warrants  or  orders  are  drawn  shall  be  set 
apart  and  held  for  their  payment. 

§  30.  The  school  directors  shall  be  liable  as  directors  for  the 
balance  due  teachers,  and  for  all  debts  legally  contracted. 

§  31.  It  shall  not  be  lawful  for  a  board  of  directors  to  pur- 
chase or  locate  a  school-house  site,  or  to  purchase,  build  or 
move  a  school  house,  or  to  levy  a  tax  to  extend  schools  be- 
yond nine  months  without  a  vote  of  the  people  at  an  election 
called  and  conducted  as  required  by  section  4  of  article  IX  QJ 
this  act.  A  majority  of  the  votes  cast  shall  be  necessary  to 
authorize  the  directors  to  act:  Provided,  that  if  no  one  locality 
shall  receive  a  majority  of  all  the  votes  cast  at  such  election, 
the  directors  may,  if  in  their  judgement  the  public  interest  re- 
site;  so  chosen  by  them  shall,  in  such  case,  be  legal  and  valid, 
the  same  as  if  it  had  been  determined  by  a  majority  of  the 
votes  cast;  and  the  site  so  selected  by  either  of  the  methods 
above  provided  shall  be  the  school- house  site  for  such  district; 
and  said  district  shall  have  the  right  to  take  the  same  for  the 
purpose  of  a  school -house  site  either  with  or  without  the  own- 
er's consent,  by  condemnation  or  otherwise. 

§  32.  In  case  the  compensation  to  be  paid  for  the  school- 
house  site  mentioned  in  the  preceding  section  cannot  for  any 
reason  be  agreed  upon  or  determined  between  the  school  di- 
rectors and  the  parties  interested  in  the  land  taken  for  such 


47 

site,  then  it  shall  be  the  duty  of  the  directors  of  such  district 
to  proceed  to  have  such  compensation  determined  in  the  man- 
ner which  may  be  at  the  time  provided  by  law  for  the  exercise 
of  the  right  of  eminent  domain:  Provided,  that  no  tract  of 
land  lying  outside  of  the  limits  of  any  incorporated  city  or 
village,  and  lying  within  forty  rods  of  the  dwelling  house  of 
the  owner  of  the  land,  shall  be  taken  for  a  school  site  without 
the  owner's  consent. 

£  33.  Any  director  willfully  failing  to  perform  his  duties  as 
director  under  this  act,  may  be  removed  by  the  county  superin- 
tendent, and  a  new  election  ordered,  as  in  other  cases  of  vacan- 
cies. 

$  34.  All  funds  belonging  to  any  school  district,  and  coming 
from  any  source,  shall  be  paid  out  only  on  order  of  the  board 
of  directors,  signed  by  the  president  and  clerk  of  said  board,  or 
by  a  majority  of  said  board.  In  all  such  orders  shall  be  stated 
the  purpose  for  which  or  on  what  account  such  order  was 
drawn.  Such  order  may  be  in  the  following  form: 

The  treasurer  of  township  No ,  range  No ,  in 

county,  will  pay  to or  bearer,  dollars  and 

cents,"  (on  his  contract  for  repairing  school  house,  or  whatever  the  pur- 
pose may  be).  By  order  of  the  board  of  directors  of  school  district  No. 
,  in  said  township. 

A 

C 

£  35.     Pupils  shall  not    be    transferred  •* 
another    without    the    written    c<^~ 
rectors  of  each  district.  ^Tr1  ' 
to  and  filed  witv*  ^ 
evidence  - " 


-v^u.  is  in  the 
^^nool  is  taught,  the 
separate  schedules  to 
,viio  shall  credit  the  district  in  which 
and    charge  the  other  district  with  the 
r  Amounts  certified  in  said  separate  schedules  to  be  due. 
.  pupils  are  transferred  from  a  district  of  another  township,  the 
schedule  for  that  district  shall    be    delivered    to    the    directors 
thereof,  who  shall  immediately  draw  an  order  on  their  treasurer 
in  favor  of   the  treasurer  of  the  township  in  which  the  school 
was  taught  for  the  amount  certified  to  be  due  in  said  separate 
schedule. 

§  36.  When  a  school  is  composed  in  part  of  pupils  trans- 
ferred, as  provided  for  in  the  preceding  section,  from  other 
townships,  the  duty  of  collecting  the  amount  due  on  account  of 
such  pupils  shall  devolve  upon  the  directors  of  the  district  in 
which  the  school  was  taught. 


46 

Twelfth — They  may  borrow  money,  and  issue  bonds  therefor, 
ior  building  school  houses,  purchasing  sites,  repairing  and  im- 
proving school  houses,  in  the  way  and  manner  provided  for  by 
article  IX  of  this  act. 

§  28.  The  school  directors  shall  draw  no  order  or  warrant 
payable  on  demand  upon  the  township  treasurer  or  against 
any  fund  in  his  hands,  unless  at  the  time  of  drawing  such  order 
or  warrant  there  are  sufficient  funds  in  his  hands  to  pay  the 
amount  of  the  same:  Provided,  this  section  shall  not  apply  to 
orders  issued  to  teachers  for  their  wages. 

§  29.  Whenever  there  is  no  money  in  the  treasury  of  any 
school  district  to  meet  and  defray  the  ordinary  and  necessary 
expenses  thereof,  it  shall  be  lawful  for  the  board  of  directors  to 
provide  that  all  orders  or  warrants  may  be  drawn  and  issued 
against  and  in  anticipation  of  the  collection  of  any  taxes  already 
levied  by  said  directors  for  the  payment  of  the  ordinary  and 
necessary  expenses  of  any  such  district,  to  the  extent  of  seventy  - 
five  per  centum  of  the  total  amount  of  said  tax  levy:  Provided, 
that  warrants  drawn  and  issued  under  the  provisions  of  this 
section  shall  show  upon  their  face  that  they  are  payable  solely 
from  said  taxes  when  collected,  and  not  otherwise,  and  such 
warrants  shall  be  received  by  any  collector  of  taxes  in  payment 
of  the  taxes  against  which  they  are  issued,  and  which  taxes 
against  which  said  warrants  or  orders  are  drawn  shall  be  set 
apart  and  held  for  their  payment. 

§  30.  The  school  directors  shall  be  liable  as  directors  for  the 
balance  due  teachers,  and  for  all  debts  legally  contracted. 

§  31.  It  shall  not  be  lawful  for  a  board  of  directors  to  pur- 
chase or  locate  a  school-house  site,  or  to  purchase,  build  or 
move  a  school  house,  or  to  levy  a  tax  to  extend  schools  be- 
yond nine  months  without  a  vote  of  the  people  at  an  election 


ERRATUM. 

On  page  46,  Sec.  81,  Art.  V.,  insert  the  following  line  between  lines  nine  and  ten: 

"quires  it,  proceed  to  select  a  suitable  school  house  site;  and  the' 


ana  saia  district  shall  have  the  right  to  take  the  same  for  the 
purpose  of  a  school-house  site  either  with  or  without  the  own- 
er's consent,  by  condemnation  or  otherwise. 

§  32.  In  case  the  compensation  to  be  paid  for  the  school- 
house  site  mentioned  in  the  preceding  section  cannot  for  any 
reason  be  agreed  upon  or  determined  between  the  school  di- 
rectors and  the  parties  interested  in  the  land  taken  for  such 


47 

site,  then  it  shall  be  the  duty  of  the  directors  of  such  district 
to  proceed  to  have  such  compensation  determined  in  the  man- 
ner which  may  be  at  the  time  provided  by  law  for  the  exercise 
of  the  right  of  eminent  domain:  Provided,  that  no  tract  of 
land  lying  outside  of  the  limits  of  any  incorporated  city  or 
village,  and  lying  within  forty  rods  of  the  dwelling  house  of 
the  owner  of  the  land,  shall  be  taken  for  a  school  site  without 
the  owner's  consent. 

S  33.  Any  director  willfully  failing  to  perform  his  duties  as 
director  under  this  act,  may  be  removed  by  the  county  superin- 
tendent, and  a  new  election  ordered,  as  in  other  cases  of  vacan- 
cies. 

S  34.  All  funds  belonging  to  any  school  district,  and  coming 
from  any  source,  shall  be  paid  out  only  on  order  of  the  board 
of  directors,  signed  by  the  president  and  clerk  of  said  board,  or 
by  a  majority  of  said  board.  In  all  such  orders  shall  be  stated 
the  purpose  for  which  or  on  what  account  such  order  was 
drawn.  Such  order  may  be  in  the  following  form: 

The  treasurer  of  township  No ,  range  No ,  in 

county,  will  pay  to or  bearer,  dollars  and 

cents,  (on  his  contract  for  repairing  school  house,  or  whatever  the  pur- 
pose may  be).  By  order  of  the  board  of  directors  of  school  district  No. 
,  in  said  township. 

A B ,  President. 

C D ,  Clerk. 

$  35.  Pupils  shall  not  be  transferred  from  one  district  to 
another  without  the  written  consent  of  a  majority  of  the  di- 
rectors of  each  district,  which  written  consent  shall  be  delivered 
to  and  tiled  with  the  proper  township  treasurer,  and  shall  be 
evidence  of  such  consent.  A  separate  schedule  shall  be  kept  for 
each  district,  and  in  each  schedule  shall  be  certified  the  proper 
amount  due  the  teacher  from  that  district,  computed  upon  the 
basis  of  the  total  number  of  days'  attendance  of  all  schedules. 
If  the  district  from  which  the  pupils  are  transferred  is  in  the 
same  township  as  the  district  in  which  the  school  is  taught,  the 
directors  of  said  district  shall  deliver  the  separate  schedules  to 
their  township  treasurer,  who  shall  credit  the  district  in  which 
the  school  was  taught,  and  charge  the  other  district  with  the 
respective  amounts  certified  in  said  separate  schedules  to  be  due. 
If  pupils  are  transferred  from  a  district  of  another  township,  the 
schedule  for  that  district  shall  be  delivered  to  the  directors 
thereof,  who  shall  immediately  draw  an  order  on  their  treasurer 
in  favor  of  the  treasurer  of  the  township  in  which  the  school 
was  taught  for  the  amount  certified  to  be  due  in  said  separate 
schedule. 

§  36.  When  a  school  is  composed  in  part  of  pupils  trans- 
ferred, as  provided  for  in  the  preceding  section,  from  other 
townships,  the  duty  of  collecting  the  amount  due  on  account  of 
such  pupils  shall  devolve  upon  the  directors  of  the  district  in 
which  the  school  was  taught. 


48 


ARTICLE  VI. 


BOARD  OF  EDUCATION. 


§  17.  Number  of  members  in  board  of  educa- 
cation  of  citie«  having  over  100,000  in- 
habitants, and  manner  of  their  appoint- 
ment. 

§  18.  Eligibility  to  membership  in  boards  of 
education  in  such  cities. 

§  19.  Organization;  employes  of  the  board; 
term,  etc.. 

§  20.    Records;  yeas  and  nays. 

§  21.  Powers,  with  concurrence  of  city  council  J 
defined. 

§  22.    Other  powers  defined. 

§  23.    Duties  defined. 

§  24.  Business  to  be  done  at  a  regular  meet- 
ing. 

§  25.  Conveyances  of  real  estate  made  to  city 
in  trust. 

§  26.    School  moneys  held  by  city  treasurer. 

§  27.  City  not  liable  for  excess  of  expenditures; 
board  not  authorized  to  tax. 

§  28.  Powers  of  board  not  to  be  exercised  by 
city  council. 


§    1.    Cities  and  villages. 

§  2.  Boards  of  education  in  all  districts  not 
less  than  1,000  inhabitants;  number  of 
members. 

§    3.    President  of  the  board. 

<5    4.    Duties  and  powers  of  the  president. 

is  5.  Annual  election  of  members ;  term  of  of- 
fice. 

§    6.    Notice  of  election ;  form  of  notice. 

*$    7.    Election  on  any  Saturday. 

§    8.    Conduct  of  election. 

§  9.  Election  of  members  of  board  of  educa- 
tion to  succeed  directors. 

§  10.    Powers  and  duties  of  the  board  defined. 

8.11.    Yeas  and  nays. 

§  12.  Business  to  be  done  at  a  regular  or  spe- 
cial meeting. 

§  13.  .  Conveyances  "of  real  estate;  how  made. 

§  14.  School  moneys  in  charge  of  township 
treasurer. 

§  15.  Special  acts  may  be  relinquished;  manner 
of  change  and  form  of  notice. 

§  16.  Redistricting  under  this  act;  election  of 
school  boards. 

SECTION  1.  Incorporated  cities  and  villages,  except  such  as 
now  have  charge  and  control  of  free  schools  by  special  acts, 
sliall  be  and  remain  parts  of  the  school  townships  in  which 
they  are  respectively  situated,  and  be  subject  to  the  general 
provisions  of  the  school  law,  except  as  otherwise  provided  in 
this  article. 

§  2.  In  all  school  districts  having  a  population  of  not  less 
than  one  thousand  and  not  over  one  hundred  thousand  inhabit- 
ants, and  not  governed  by  any  special  act  in  relation  to  free 
schools  now  in  force,  there  shall  be  elected,  instead  of  the  direct- 
ors provided  by  law  in  other  districts,  a  board  of  education, 
to  consist  of  a  president  of  the  board  of  "education,  six  members, 
and  three  additional  members  for  every  additional  ten  thousand 
inhabitants.  Whenever  additional  members  of  such  board  o2 
education  are  to  be  elected  by  reason  of  increased  population  of 
such  district,  such  members  shall  be  elected  on  the  third  Satur- 
day of  April  succeeding  the  ascertaining  of  such  increase  by 
any  general  or  special  census,  and  the  notice  of  such  election 
shall  designate  the  term  for  which  the  members  are  to  be  elected, 
so  that  one-third  of  the  board  shall  be  elected  for  each  year: 
Provided,  that  in  no  case  shall  said  board  consist  of  more  than 
fifteen  members. 

§  3.  The  president  of  said  board  of  education  shall  be  elected 
annually,  at  the  same  time  the  members  of  the  board  of  educa- 
tion are  elected,  and  he  shall  hold  his  office  for  the  term  of 
one  year,  and  until  his  successor  is  elected  and  qualified. 

§  4.  The  president  of  the  board  of  education  so  elected  shall 
preside  at  all  meetings  of  said  board,  and  shall  give  the  cast- 
ing vote  in  case  of  a  tie  between  the  members  thereof;  but  other- 
wise he  shall  not  have  a  vote.  He  shall  sign  all  orders  for  the 


;  49 

payment  of  money  ordered  by  said  board,  and  generally  per- 
form such  duties  as  are  imposed  by  law  upon  presidents  of 
boards  of  directors,  or  that  may  be  imposed  upon  him  by  said 
board  of  education,  not  in  conflict  with  law:  Provided,  that  in 
the  absence  or  inability  to  act  as  said  president,  said  board 
may  appoint  a  president  pro  1  em  pore  from  their  number. 

g  5.  The  annual  election  of  members  of  the  board  of  edu- 
cation shall  be  on  the  third  Saturday  in  April,  when  one-third 
of  the  members  shall  be  elected  for  three  years,  and  until  their 
successors  are  elected  and  qualified. 

§  6.  Notice  of  such  election  shall  be  given  by  the  board  of 
education  at  least  ten  days  previous  to  such  election  by  post- 
ing notices  in  at  least  three  of  the  most  public  places  in  said 
district,  which  shall  specify  the  place  where  such  election  is 
to  be  held,  the  time  of  opening  and  closing  the  polls  and  the 
purpose  for  which  such  election  is  held,  which  notice  may  be 
in  the  following  form,  to- wit: 

Public  notice  is  hereby  given,  that  on  Saturday,  the day  of  April 

A.  D ,  an  election  will  be  held  at ,  between  the 

hours  of and  of  said  day,  for  the  purpose  of  electing1  a  presi- 
dent of  the  board  of  education  of  district  No township  No , 

range  No ,  and  members   of   the    board  of  education    of  said 

district. 

Dated  this day  of ,  A.  D 

A B ,  President. 

C D ,  Clerk. 

$7.  In  case  of  a  failure  to  give  the  notice  above  provided 
for,  such  election  may  be  held  on  any  Saturday  after  such 
notice  has  been  give  as  aforesaid. 

S  s.  Such  election  shall  be  conducted  in  the  same  manner, 
and  be  governed  by  the  provisions  of  this  act  relating  to  the 
election  of  boards  of  directors,  except  as  otherwise  provided 
by  law. 

§  l.».  At  the  first  election  of  directors  succeeding  the  passage 
of  this  act,  in  any  district  having  a  population  of  not  less  than 
one  thousand  (1,000)  inhabitants  by  the  census  of  1880,  and 
in  such  other  districts  as  may  hereafter  be  ascertained  by  any 
special  or  general  census  to  have  a  population  of  not  less 
than  one  thousand  (1,000)  inhabitants,  at  the  first  election  of 
directors  occurring  after  taking  such  special  or  general  census, 
there  shall  be  elected  a  board  of  education,  who  shall  be  the 
successors  of  the  directors  of  the  district;  and  all  rights  of 
property  and  all  rights  or  causes  of  action  existing  or  vested 
in  such  directors,  shall  vest  in  said  board  of  education,  in  as 
full  and  complete  a  manner  as  was  vested  in  the  school  direc- 
tors. Such  board,'  at  its  first  meeting,  shall  fix,  by  lot,  the 
terms  of  office  of  its  members,  so  that  one-third  of  them  shall 
serve  for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years,  and  thereafter  one- third  shall  be  elected  annually 
on  the  third  Saturday  in  April,  to  fill  the  vacancies  occurring, 
and  to  serve  for  the  term  of  three  years. 

S. 


50 

§  10.  The  board  of  education  shall  have  all  the  powers  of 
school  directors:  and,  in  addition  thereto  and  inclusive  thereof, 
they  shall  have  the  power  and  it  shall  be  their  duty— 

First — To  establish  and  support  free  schools  not  less  than 
six  nor  more  than  ten  months  in  each  year. 

Second— To  repair  and  improve  school  houses,  and  furnish 
them  with  the  necessary  fixtures,  furniture,  apparatus,  libraries 
and  fuel. 

Third — To  examine  teachers  as  supplemental  to  any  other  ex- 
amination, to  employ  teachers  and  to  fix  the  amount  of  their 
salaries.  [As  amended  by  act  approved  June  19,  1893. 

Fourth— To  establish  schools  of  different  grades,  and  make 
regulations  for  the  admission  of  pupils  into  the  same. 

Fifth — To  buy  or  lease  sites  for  school  houses,  with  the  nec- 
essary grounds:  Provided,  it  shall  not  be  lawful  for  such  board 
of  education  to  purchase  or  locate  a  school  house  site,  or  to 
purchase,  build  or  move  a  school  house,  unless  authorized  by 
a  majority  of  all  voters  voting  at  an  election  called  for  such 
purpose  in  pursuance  of  a  petition  signed  by  not  less  than 
five  hundred  (500)  legal  voters  of  such  district,  or  by  one -fifth 
of  all  the  legal  voters  of  such  district. 

Sixth— To  levy  a  tax,  annually,  upon  the  taxable  property  of 
the  district,  in  the  manner  provided  in  article  VIII  of  this  act, 
for  the  purpose  of  supporting  and  maintaining  free  schools  in 
accordance  with  the  powers  herein  conferred:  Provided,  that 
it  shall  not  be  lawful  for  such  board  of  education  to  levy  a  tax 
to  extend  schools  beyond  a  period  of  ten  months  in  each  year, 
except  upon  petition  of  a  majority  of  the  voters  of  the  district: 
And  provided,  further,  that  all  taxes  shall  be  levied  under  the 
limitations  relating  to  the  percentage  of  the  assessment,  as 
provided  by  section  1,  article  VIII  of  this  act. 

Seventh— To  employ,  should  they  deem  it  expedient,  a  com- 
petent and  discreet  person  or  persons  as  superintendent  or 
superintendents  of  schools,  and  fix  and  pay  a  proper  salary  or 
salaries  therefor,  and  such  superintendent  may  be  required  to 
act  as  principal  or  teacher  in  such  schools. 

Eighth — To  lay  off  and  divide  the  district  into  sub-districts, 
and  from  time  to  time  alter  the  same,  create  new  ones  and 
consolidate  them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a 
month  to  inquire  into  the  progress  of  scholars  and  the  govern- 
ment of  the  schools. 

Tenth — To  prescribe  the  method  and  course  of  discipline  and 
instruction  in  the  respective  schools,  and  to  see  that  they  are 
maintained  and  pursued  in  the  proper  manner.  * 

Eleventh — To  expel  any  pupil  who  may  be  guilty  of  gross 
disobedience  or  misconduct.  No  action  shall  lie  against  them 
for  such  expulsion. 

*  See  act  concerning  alcohol  and  narcotics,  approved  Jane  1,  1889. 


51 

Twelfth— To  dismiss  and  remove  any  teacher,  whenever,  in 
their  opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever, 
from  any  cause,  the  interests  of  the  schools  may,  in  their 
opinion,  require  such  removal  or  dismissal. 

Thirteenth— 'To  apportion  the  scholars  to  the  several  schools. 

Fourteenth — To  establish  and  promulgate  all  such  by-laws, 
rules  and  regulations  for  the  government  and  the  establish- 
ment and  maintenance  of  a  proper  and  uniform  system  of  dis- 
cipline in  the  several  schools,  as  may,  in  their  opinion,  be  necessary. 

Fifteenth — To  take  charge  of  the  school  houses,  furniture, 
grounds  and  other  property  belonging  to  the  district,  and  see 
that  the  same  are  kept  in  good  condition,  and  not  suffered  to 
be  unnecessarily  injured  or  deteriorated. 

Sixteenth— 'To  provide  fuel  and  such  other  necessaries  for  the 
schools  as,  in  their  opinion,  may  be  required  in  the  school 
houses,  or  other  property  belonging  to  or  under  the  control 
of  the  district. 

Seventeenth— To  appoint  a  secretary  and  provide  well  bound 
books  at  the  expense  of  the  school  tax  fund,  in  which  shall 
be  kept  a  faithful  record  of  all  their  proceedings. 

Eighteenth — To  annually  prepare  and  publish  in  some  news- 
paper, or  in  pamphlet  form,  a  report  of  the  number  of  pupils 
instructed  in  the  year  preceding,  the  several  branches  of  study 
pursued  by  them,  of  the  number  of  persons  between  the  ages 
of  twelve  and  twenty-one  unable  to  read  and  write,  and  the 
receipts  and  expenditures  of  each  school,  specifying  the  source 
of  such  receipts  and  the  objects  of  such  expenditures. 

§  11.  In  all  questions  involving  the  expenditure  of  money, 
the  yeas  and  nays  shall  be  taken  and  entered  on  the  records 
of  the  proceedings  of  the  board. 

§  12.  None  of  the  powers  herein  conferred  upon  boards  of 
education  shall  be  exercised  by  them,  except  at  a  regular  or 
special  meeting  of  the  board. 

§  13.  All  conveyances  of  real  estate  shall  be  made  to  the 
township  trustees  in  trust  for  the  use  of  schools,  and  no  con- 
veyance of  any  real  estate  or  interest  therein  used  for  school 
purposes,  or  held  in  trust  for  schools,  shall  be  made,  except 
by  the  board  of  trustees,  upon  the  written  request  of  such 
board  of  education. 

S  14.  All  money  raised  by  taxation  for  school  purposes,  or 
received  from  the  State  common  school  fund,  or  from  any  other 
source,  for  school  purposes,  shall  be  held  by  the  township 
treasurer  as  a  special  fund  for  school  purposes,  subject  to  the 
order  of  the  board  of  education,  upon  warrants  signed  by  the 
president  and  secretary  thereof. 

§  15.  Any  city,  incorporated  town,  township  or  district  in 
which  free  schools  are  now  managed  under  any  special  act, 
may,  by  vote  of  its  electors,  cease  to  control  such  schools  under 


52 

such  special  act,  and  become  part  of  the  school  township  in 
which  it  is  situated,  and  subject  to  the  control  of  the  trustees 
thereof,  under  and  according  to  the  provisions  of  this  act. 

Upon  petition  of  fifty  voters  of  such  city,  town,  township  or 
district,  presented  to  the  board  having  control  and  manage- 
ment of  schools  in  such  city,  town,  township  or  district,  it  shall 
be  the  duty  of  such  board,  at  the  next  ensuing  election  to  be 
held  in  such  city,  town  or  township  or  district,  to  cause  to  be 
submitted  to  the  voters  thereof,  giving  not  less  than  fifteen 
days'  notice  thereof,  by  posting  not  less  than  five  notices  in  the 
most  public  places  in  such  city,  town,  township  or  district, 
the  question  of  "Organization  under  the  Free  School  Law;" 
which  notice  may  be  in  the  following  form,  to- wit: 

Public  notice  is  hereby  given  that  on  the day  of A.  D. 

—  an  election  will  be  held  at   ,  between  the  hours  of 

M.  and M.  of  said  day,  for  the  purpose  of  deciding  the  ques- 
tion of  "Organization  under  the  Free  School  Law." 

§  16.  If  it  shall  appear,  on  a  convass  of  the  returns  of  such 
election,  that  a  majority  of  the  votes  cast  at  such  election  are 
"For  Organization  under  the  Free  School  Law,"  then  at  the  next 
ensuing  regular  meeting  of  the  board  of  trustees  of  the  town- 
ship or  townships  in  which  such  city,  incorporated  town,  town 
ship  or  district  is  situated,  said  trustees  shall  proceed  to  re- 
district  the  township  or  townships  as  aforesaid,  in  such  manner 
as  shall  suit  the  wishes  and  convenience  of  a  majority  of  the 
inhabitants  inxtheir  respective  townships,  and  to  make  a  divi- 
sion of  funds  and  other  property  in  the  manner  provided  for 
by  section  63  of  article  III  of  this  act,  and  on  any  Saturday 
thereafter  there  shall  be  elected,  in  each  of  the  new  districts 
so  formed,  a  director,  directors  or  board  of  education,  as  the 
case  may  be,  in  the  manner  provided  for  in  section  6  of  article 
V  of  this  act.  and  thereafter  such  districts  shall  proceed  as 
other  districts  under  this  act;  but  all  subsequent  elections  of 
directors  or  boards  of  education  shall  be  conducted  as  provided 
in  sections  5  and  8  of  article  V  of  this  act.  * 

§  17.  In  cities  having  a  population  exceeding  one  hundred 
thousand  inhabitants,  from  and  after  this  act  shall  take  effect, 
the  board  of  education  shall  consist  of  twenty-one  members, 
to  be  appointed  by  the  mayor,  by  and  with  the  advice  and  con- 
sent of  the  common  council,  seven  of  whom  shall  be  appointed 
for  the  term  of  one  year,  seven  for  the  term  of  two  years, 
and  seven  for  the  term  of  three  years:  Provided,  however,  that 
in  such  cities  wherein  there  is  now  a  board  of  education,  hold- 
ing their  office  by  appointment,  such  officers  shall  continue  in 
office  until  the  time  at  which  their  terms  would  have  expired 
under  the  law  in  force  at  the  time  of  their  appointment.  At 
the  expiration  of  the  term  of  any  members  of  said  board,  their 
successors  shall  be  appointed  in  like  manner  and  shall  hold 
their  office  for  the  term  of  three  years.  Any  vacancy  which 
may  occur  shall  be  filled  by  the  appointment  of  the  mayor, 

*  See  further  provision  in  act  approved  June  2, 1891. 


53 

with  the  approval  of  the  common  council,  for  the  unexpired 
term:  And,  provided,  further,  that  from  and  after  this  act  shall 
take  effect  there  shall  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  common  council,  six  members, 
two  of  whom  shall  be  appointed  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years. 
[As  amended  by  act  approved  June  22,  1891. 

§  is.  Any  person  having  resided  in  any  such  city  more  than 
five  years  next  preceding  his  appointment,  shall  be  eligible  to 
membership  of  such  board  of  education. 

£  19.  The  said  board  of  education  shall  appoint  a  president 
and  secretary,  the  president  to  be  appointed  from  their  own 
number,  and  shall  appoint  such  other  officers  and  employes  as 
such  board  shall  deem  necessary,  and  shall  prescribe  their  duties 
and  compensation  and  terms  of  office. 

>j  20.  The  said  board  shall  provide  well-bound  books,  at  the 
expense  of  the  school  tax  fund,  in  wrhich  shall  be  kept  a  faithful 
record  of  all  their  proceedings.  The  yeas  and  nays  shall  be 
taken  and  entered  on  the  records  of  the  proceedings  of  the 
board  upon  all  questions  involving  the  expenditure  of  money. 

£  21.  The  said  board  of  education  shall  have  charge  and  con- 
trol of  the  public  schools  in  such  citie.s,  and  shall  have  power, 
with  the  concurrence  of  the  city  council  — 

First — To  erect  or  purchase  buildings  suitable  for  school - 
houses,  and  keep  the  same  in  repair. 

Second — To  buy  or  lease  sites  for  school-houses,  with  the  nec- 
essary grounds. 

Third — To  issue  bonds  for  the  purpose  of  building,  furnishing 
and  repairing  school  houses,  for  purchasing  sites  for  the  same, 
and  to  provide  for  the  payment  of  said  bonds;  to  borrow 
money  for  school  purposes  upon  the  credit  of  the  city. 

§  22.     The  said  board  of  education  shall  have  power — 

First— To  furnish  schools  with  the  necessary  fixtures,  furni- 
ture and  apparatus. 

Second — To  maintain,  support  and  establish  schools,  and  sup- 
ply the  inadequacy  of  the  school  funds  for  the  salaries  of  school 
teachers  from  school  taxes. 

Third — To   hire  buildings  or  rooms  for  the  use  of  the  board. 
Fourth — To    hire    buildings   or  rooms  for  the  use  of  schools. 

Fifth — To  employ  teachers  and  fix  the  amount  of  their  com- 
pensation. 

Sixth — To  prescribe  the  school  books  to  be  used,  and  the 
studies  in  the  different  schools.* 

Seventh — To  lay  off  and  divide  the  city  into  school  districts, 
and  from  time  to  time  to  alter  the  same  and  create  new  ones, 
as  circumstances  may  require,  and  generally  to  have  and  pos- 

•8ee  act  concerning  alcohol  and  narcotics,  approved  June  1,  18s9. 


54 

sess  all  the  rights,  powers  and  authority  required  for  the  proper 
management  of  schools,  with  power  to  enact  such  ordinances 
as  may  be  deemed  necessary  and  expedient  for  such  purpose. 

Eighth — To  expel  any  pupil  who  may  be  guilty  of  gross  dis- 
obedience or  misconduct. 

Ninth — To  dismiss  and  remove  any  teacher  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever,  from 
any  cause,  the  interests  of  the  school  may,  in  their  opinion,  re- 
quire such  removal  or  dismission. 

Tenth — To  apportion  the  scholars  to  the  several  schools. 

Eleventh — To  lease  school  property,  and  to  loan  moneys  be- 
longing to  the  school  fund. 

§  23.     It  shall  be  the  duty  of  such  board  of  education — 

First — To  take  the  entire  superintendence  and  control  of  the 
schools  in  such  cities. 

Second — To  examine  all  persons  offering  themselves  as  can- 
didates for  teachers,  and  when  found  well  qualified,  to  give 
them  certificates  gratuitously. 

Third — To  visit  all  the  public  schools  as  often  as  once  a  month. 

Fourth — To  establish  all  such  by-laws,  rules  and  regulations 
for  the  government  and  for  the  establishment  and  maintenance 
of  a  proper  and  uniform  system  of  discipline  in  the  several 
schools  as  may,  in  their  opinion,  be  necessary. 

Fifth — To  determine  from  time  to  time,  how  many  and  what 
class  of  teachers  may  be  employed  in  each  of  the  public  schools, 
and  employ  such  teachers  and  fix  their  compensation. 

Sixth — To  take  charge  of  the  school-houses,  furniture,  grounds 
and  other  property  belonging  to  the  school  districts,  and  see 
that  the  same  are  kept  in  good  condition,  and  not  suffered  to 
be  unnecessarily  injured  or  deteriorated. 

Seventh — To  provide  fuel  and  such  other  necessaries  for  the 
schools  as,  in  their  opinion,  may  be  required  in  the  school 
houses,  or  other  property  belonging  to  the  said  districts. 

Eighth — To  inquire  into  the  progress  of  scholars  and  the 
government  of  the  schools. 

Ninth — To  prescribe  the  method  and  course  of  discipline  and 
instruction  in  the  respective  schools,  and  to  see  that  they  are 
maintained  and  pursued  in  the  proper  manner. 

Tenth — To  prescribe  what  studies  shall  be  taught,  and  what 
books  and  apparatus  shall  be  used. 

Eleventh — To  report  to  the  city  council,  from  time  to  time, 
any  suggestions  they  may  deem  expedient  or  requisite  in  rela- 
tion to  the  schools  and  the  school  fund,  or  the  management 
thereof,  and  generally  to  recommend  the  establishment  of  new 
schools  and  districts. 


55 

Twelfth — To  prepare  and  publish  an  annual  report,  which 
shall  include  the  receipts  and  expenditures  of  each  school,  speci- 
fying the  source  of  such  receipts  and  the  object  of  such  expendi- 
tures. 

Thirteenth— To  communicate  to  the  city  council,  from  time  to 
time,  such  information  within  their  possession  as  may  be  re- 
quired. 

£  -4.  None  of  the  powers  herein  conferred  upon  the  board  of 
education  of  such  cities  shall  be  exercised  by  them  except  at  a 
regular  meeting  of  such  board. 

$  25.  All  conveyances  of  real  estate  shall  be  made  to  the  city 
in  trust,  for  the  use  of  schools,  and  no  sale  of  real  estate  or 
interest  therein,  used  for  school  purposes,  or  held  in  trust  for 
schools,  shall  be  made  except  by  the  city  council,  upon  the  writ- 
ten request  of  such  board  of  education. 

g  26.  All  moneys  raised  by  taxation  for  school  purposes  or 
received  from  the  State  common  school  fund,  or  from  any  other 
source  for  school  purposes,  shall  be  held  by  the  city  treasurer  as 
a  special  fund  for  school  purposes,  subject  to  the  order  of  the 
board  of  education,  upon  warrants  to  be  countersigned  by  the 
mayor  and  city  clerk. 

§5  27.  Said  board  of  education  shall  not  add  to  the  expendi- 
tures for  school  purposes  anything  over  and  above  the  amount 
that  shall  be  received  from  the  State  common  school  fund,  the 
rental  of  school  lands  or  property,  and  the  amount  annually 
appropriated  for  such  purposes.  If  said  board  shall  so  add  to 
such  expenditure  the  city  shall  not,  in  jny  case,  be  liable 
therefor.  And  nothing  herein  contained  shall  be  construed  so 
as  to  authorize  any  such  board  of  education  to  levy  or  collect 
any  tax  upon  the  demand,  or  under  the  direction  of  such  board 
of  education. 

§  28.  All  schools  in  such  cities  shall  be  governed  as  herein- 
before stated,  and  no  power  given  to  the  board  of  education 

shall  be  exercised  by  the  city  council  of  such  city. 

« 

ARTICLE  VII. 


TEACHERS. 


1.  Age    and     qualifications;     graduates    of 

county  normal  schools, 

2.  State  certificates. 

3.  First  and  second  grade  certificates;    sub- 

jects for  examination:  renewal  and  revo- 
cation; form  of  certificate. 

4.  Uncord  by  county  superintendent. 

5.  Hunt  have  a  certificate. 

6.  Subjects  to  be  taught. 

7.  Examinations  by  county  superintendent. 

8.  frwe  to  be  charged. 

9.  Moneys    thus    received    paid    to    county 

treasurer. 


§  10.    Annual  institute. 

I  11.  No  deduction  of  wages  when  attending 
institutes  held  on  t>chool  days. 

§  12.  Responsible  for  the  property  of  the  dis- 
trict. 

§  13.    Must  keep  registers;  form  of  register. 

§  14.  Schedule?,  or  statements  of  attendance  to 
be  made;  form  of  schedule. 

§  15.  Schedules  to  be  delivered  to  directors; 
certificate  of  directors. 

§  16.  Teacher's  wages  payable  monthly;  un- 
oaid  orders  to  draw  interest. 

§18.    School  month;   holidays. 


SECTION  1.     No  teacher  shall  be  authorized  to  teach  a  common 
school  under  the  provisions  of  this  act  who  is  not  of  good  moral 


56 

character,  at  least  eighteen  years. of  age,  if  a  male,  or  seventeen 
years  of  age,  if  a  female,  and  who  does  not  possess  a  certificate 
of  qualifications  as  hereinafter  provided  for :  Provided,  that  in 
any  county  in  which  a  county  normal  school  is  established,  un- 
der the  control  of  a  county  board  of  education,  the  diplomas 
of  graduates  in  said  normal  school  shall,  when  directed  by  said 
board,  be  taken  by  the  county  superintendent  as  sufficient  evi- 
dence of  qualification  to  entitle  the  holder  to  a  first  grade  cer- 
tificate; but  such  diplomas  shall  not  be  sufficient  after  two  years 
from  such  graduation. 

§  2.  The  State  Superintendent  of  Public  Instruction  is  hereby 
authorized  to  grant  State  certificates  to  such  teachers  as  may 
be  found  worthy  to  receive  them;  such  certificates  shall  be  of 
two  grades,  and  both  shall  be  valid  in  every  county  and  school  dis- 
trict in  the  State.  The  higher  grade  shall  be  valid  during  the 
lifetime  of  the  holder,  and  the  -lower  grade  shall  be  valid  for 
five  years.  But  State  certificates  shall  only  be  granted  upon 
public  examination,  of  which  due  notice  shall  be  given,  in  such 
branches  and  upon  such  terms  and  by  such  examiners  as  the 
State  Superintendent  and  the  principals  of  the  State  universities 
may  prescribe.  Said  certificates  may  be  revoked  by  the  State 
Superintendent  upon  proof  of  immoral  or  unprofessional  con- 
duct.* [As  amended  by  an  act  approved  April  28,  1893. 

§3.  It  shall  be  the  duty  of  the  county  superintendent  to 
grant  certificates  to  such  persons  as  may,  upon  due  examina- 
tion, be  found  qualified.  Said  certificates  shall  be  of  two  grades: 
those  of  the  first  grade  shall  be  valid  in  the  county  for  two 
years,  and  shall  certify  that  the  person  to  whom  such  certifi- 
cate is  given  is  of4 good  moral  character,  and  is  qualified  to 
teach  orthography,  reading  in  English,  penmanship,  arithmetic, 
English  grammar,  modern  geography,  the  elements  of  the 
natural  sciences,  the  history  of  the  United  States,  physiology 
and  the  laws  of  health.  Certificates  of  the  second  grade  shall 
be  valid  for  one  year,  and  shall  certify  that  the  person  to  whom 
such  certificate  is  given  is  of  good  moral  character,  and  is  quali- 
fied to  teach  orthography,  reading  inc  English,  penmanship, 
arithmetic,  English  grammar,  modern  geography,  and  the  his- 
tory of  the  United  States:*  Provided,  that  teachers  exclusively 
teaching  music,  drawing,  penmanship,  book-keeping,  German 
or  any  other  special  study  shall  not  be  required  to  be  examined 
except  in  reference  to  such  special  study;  and,  in  such  cases,  it 
shall  not  be  lawful  to  employ  such  teachers  to  teach  any  branch 
of  study  except  such  as  they  have  been  examined  upon  and 
which  shall  be  stated  in  the  certificate.  The  county  superin- 
ten(Jent  may,  in  his  option,  renew  said  certificates  at  their  ex- 
piration by  his  endorsement  thereon,  and  may  revoke  the  same 
at  any  time  for  immorality,  incompetency,  or  other  just  cause. 
Said  certificates  may  be  in  the  following  form,  viz. : 

*  See  act  concerning  alcohol  and  narcotics,  approved  June  1,  1889. 


57 

. ....  Illinois,  A.  D 

The  undersigned,  having  examined in  orthography,  reading' 

in  English,  penmanship,  arithmetic,  English  grammar,  modern  geography, 
the  history  of  the    United    States,  and    methods  of  teaching,  and    being- 

satisfied  that is  of  good  moral  character,  hereby  certifies  that/ 

,  .qualifications  in  the  above  branches  are  such  as  to  entitle 

to  this  certificate,  being  of   the. grade,  and    valid 

in  said  county  for year from  the  date  hereof,  renewable  at 

the  option  of  the  county  superintendent  by  his  endorsement  thereon. 

Given  under  my  hand  and  seal  at  the  date  aforesaid. 

A.  B., 
County  Superintendent  of  Schools. 

[As  amended  by  an  act  approved  June  21,  1895.] 

§  4.  Each  county  superintendent  shall  also  keep  a  record,  in 
a  book  provided  for  that  purpose,  of  all  teachers  to  whom  he 
grants  certificates  Said  record  shall  show  the  date  and  grade 
of  each  certificate  and  all  renewals  granted,  and  the  name,  age 
and  nativity  of  each  teacher ;  and  shall  give  the  names  of  male 
and  female  teachers  separately.  Said  record  may  be  as  follows, 
viz. : 

Name.        Age.    Nativity.        Date.        Grade.  Experience.    Graduated. 

Chas.  25  Illinois.  March  1,  1888.  1.  Has  taught  State  Normal 
Thompson.  5  years.  University 

§  5.  No  teacher  shall  be  entitled  to  any  portion  of  the  com- 
mon school  or  township  fund,  or  other  public  fund,  or  be  em- 
ployed to  teach  any  school  under  the  provisions  of  this  act, 
who  shall  not,  at  the  time  he  enters  upon  his  duties  as  such 
teacher,  have  a  certificate  of  qualification  obtained  under  the 
provisions  of  this  act  from  the  superintendent. of  the  State,  or 
the  county  superintendent  of  the  county  in  which  the  school  is 
located,  entitling  him  to  teach.  [As  amended  by  act  approved 
June  19,  1893.] 

§  6,  Every  school  established  under  the  provisions  of  this 
act  shall  be  for  instruction  in  the  branches  of  education  pre- 
scribed in  the  qualifications  for  teachers,  and  in  such  other 
branches,  including  vocal  music  and  drawing,  as  the  director sr 
or  the  voters  of  the  district  at  the  annual  election  of  director sr 
may  prescribe. 

§  7.  It  shall  be  the  duty  of  the  county  superintendents  to 
hold  meetings,  at  least  quarterly,  and  oftener  if  necessary,  for 
the  examination  of  teachers,  on  such  days  and  in  such  places 
in  the  respective  counties,  as  will,  in  their  opinion,  accommo- 
date the  greatest  number  of  persons  desiring  such  examination. 
Notice  of  such  meetings  shall  be  published  a  sufficient  length 
of  time,  in  at  least  one  newspaper  of  general  circulation,  the 
expense  of  such  publication  to  be  paid  out  of  the  school  fund. 

§  8.  The  county  superintendent  shall  in  all  cases  require  the 
payment  of  a  fee  of  one  dollar  from  every  applicant  for  ex- 
amination for  a  teacher's  certificate,  and  for  each  renewal  of 
such  a  certificate  he  shall  require  the  payment  of  a  fee  of  one 
dollar. 


58 

§  9.  All  moneys  so  received  from  applicants  for  teachers* 
certificates,  and  from  the  registration  fees  hereinafter  provided 
for,  the  said  county  superintendent  shall  transmit  monthly  to 
the  county  treasurer,  to  be  by  him  held  and  designated  as  the 
institute  fund,  and  with  such  fund  the  county  superintendent 
shall  give  the  treasurer  a  list  of  the  names  of  the  persons  pay- 
ing such  fees.  Said  fund  shall  be  paid  out  by  the  county  treas- 
urer only  upon  the  order  of  the  county  superintendent,  and  only 
to  defray  the  expenses  of  the  teachers'  institutes,  which  the 
county  superintendent  is,  by  the  following  sections,  authorized 
to  hold.  The  county  superintendent  shall  take  vouchers  for  all 
payments  made  out  of  the  institute  fund,  and  he  shall  render 
an  account  of  such  disbursements,  with  vouchers  for  the  same, 
to  the  county  board  at  their  regular  meeting  in  September  an- 
nually. 

§  10.  The  county  superintendent  shall  hold,  annually,  a 
teachers'  institute,  continuing  in  session  not  less  than  five  days, 
for  the  instruction  of  teachers  and  those  who  may  desire  to 
teach;  and,  with  the  concurrence  of  the  State  Superintendent  of 
Public  Instruction,  procure  such  assistance  as  may  be  necessary 
to  conduct  said  institute  at  such  time  as  the  schools  of  the 
county  are  generally  closed:  Prov  ded,  that  two  or  more  ad- 
joining counties  may  hold  an  institute  together.  At  every  such 
institute,  instruction  shall  be  free  to  such  as  hold  certificates 
good  in  the  county  (or  counties  where  two  or  more  join  to  hold 
an  institute)  in  which  the  institute  is  held ;  but  the  county  sup- 
erintendent shall  require  all  others  attending  to  pay  him  a  reg- 
istration fee  of  one  dollar,  except  those  who  have  paid  him  an 
examination  fee  as  required  "by  section  8  of  this  article,  and 
failed  to  receive  a  certificate. 

§  11.  The  time,  not  exceeding  three  days  in  any  one  term, 
or  five  days  in  any  one  school  year,  during  term  time,  actually 
spent  by  a  teacher  of  any  public  school  in  this  State  in  attend 
ance  upon  a  teachers'  institute,  held  under  the  direction  of  the 
county  superintendent  of  schools,  shall  be  considered  time  law- 
fully expended  by  such  teacher  in  the  service  of  the  district 
where  such  teacher  is  employed,  and  no  deduction  of  wages 
shall  be  made  for  such  absences.  And  it  shall  be  the  duty  of 
the  school  officers  and  boards  of  education  to  allow  teachers  to 
vdose  their  schools  for  such  attendance  upon  such  institute. 

§  12.  It  shall  be  the  duty  of  every  teacher  employed  in  the 
public  schools  of  the  State  to  see  that  the  school  property  of 
the  district,  placed  under  his  care  and  control,  is  not  unneces- 
sarily damaged  or  destroyed.  And  no  teacher  shall  be  paid  any 
part  of  the  school  funds,  unless  he  shall  have  kept  and  furnished 
schedules  (when  required  by  law)  as  hereinafter  directed,  and 
shall  also  have  satisfactorily  accounted  for  all  books,  appa- 
ratus and  other  property  belonging  to  the  district,  which  he 
may  have  taken  in  charge. 

§  13.  Teachers  shall  keep  correct  daily  registers  of  their 
schools,  which  shall  exhibit  the  name,  age.  and  attendance  of 


59 


each  pupil,  the  day  of  the  week,  the  month  and  the  year.  Said 
registers  shall  be  as  nearly  as  may  be,  in  the  following  form, 
the  absence  of  each  scholar  being  signified  by  a  mark,  the 
presence  by  a  blank,  viz: 

Register  of  a  common  school  kept  by  A.  B.,   at in  district 

l^o ,  in  township  No ,  range of  the principal 

meridian,  in  the  county  of  ,  in  the  State  of  Illinois. 


^NAMES  AND  AGES  OF  SCHOLARS  ATTENDING 
SCHOOL. 

888..  Monday. 

I 

'~ 

3 

•t 

T. 

a 
ss 
<<j 

888..  Wednesday. 

1888..  Thursday. 

5 

Hi 

(c- 

"•< 

1888..  Monday. 

L8»«..  Tuesday. 

1888..  Wednesday.  , 

a 

3 
7 

0. 

u 

s 

a 
•< 

i 

2 

1 
<< 

b 

c. 

•* 

L888..  Wednesday.  « 

Er 

3 

^ 

Q. 
PD 
V< 

I 

3 

P 

? 

s. 

5 

9 

o- 

i 

2 

c 

3 
0. 

^ 
1 

a 

j 
f 

S1 

c- 

3 

^ 
| 

i 

5 

o- 

L888..  Friday.  Febrn 
1888  .  .  Thursday.  Feoru 

fanna 

lanua 

1 

85 

ct 

=3 

S 
» 

ec 
3 
B 

V 

p 

13 

a 

8: 

1 

§ 

3 

• 

3 

d 

f 

3 

a 

K 
3 

C 

ft 

= 

85 
3 
C 

Names. 

Ages. 

<< 

& 

<< 

•* 

5 

GC 

< 

V! 
£ 

5 
ji, 

Cfc 

C! 
£ 

1 

& 

CJ 

s 

3 

S 

v: 
8 

VJ 

cc 

yj 

d 

tc 

y 

•< 

c-. 

CJ 

-j 

S  S 
M  *< 

-JO 

.John  Smith  

10 
13 

16 

18 

•• 

1 

1 

1 

1 

1 

Isaac  Meisler 

1 

1 

1 

1 

1 

1 

1 

1 

i 

Sarah  Danforth  

^lary  Newman 

1 

1 

Grand  total  No.  of  days 

Males. 

Females. 

Total 

^Number  of  Scholars 

2 

2 

4 

Average  daily  attendance 3.S 

Said  register  shall  be  furnished  to  the  teachers  by  the  school 
directors,  and  each  teacher  shall,  at  the  end  of  his  term  of  school, 
return  his  register  to  the  clerk  of  the  school  board  of  the  dis- 
trict. And  no  teacher  shall  be  paid  any  part  of  the  public 
funds  unless  he  shall  have  accurately  kept  and  returned  the 
register  as  aforesaid. 

S  14.  In  all  districts-  controlled  by  a  board  of  directors, 
teachers  shall  make  schedules  of  the  names  of  all  scholars  under 
twenty-one  (21)  years  of  age  attending  school,  in  the  form  pre- 
scribed by  this  act,  and  when  scholars  reside  in  two  (2)  or  more 
districts,  townships  or  counties,  separate  schedules  shall  be  kept 
for  each  district,  township  or  county.  Boards  of  education  may 
require  teachers  under  their  control  to  make  schedules  as  herein 
directed,  or  to  make  statements  certifying  the  number  of  days' 
attendance  for  each  month,  as  shown  by  their  registers,  which 
statements  shall  be  certified  to  by  the  board  of  education,  and 
be  subject  to  the  same  requirements  concerning  payment  of 
teacher's  salary  and  filing  as  those  made  by  this  act  concerning" 
schedules.  The  schedules  to  be  made  and  returned  by  the  teacher 
shall  be,  as  near  as  circumstances  will  permit,  in  the  following 
form.  viz. : 


60 


Schedule  of  common  school  kept  by at  ,  in 

district  No ,  township  No ,  range  ~No of  the- 

principal  meridian,  in  the  county  of  in  the  State 

of  Illinois.    Names  and  ages  of  scholars    residing  in  district  No 

in  township  No north,  range west,  county/ 

who  have  attended  in  my  school  during  the  time  beginning  the  

day  of ,  18 and  ending  the  day   of  ,  18 r 

during  which  time  the  school  was  in  session  school  days. 


Names. 

Ages. 

Days 
attended. 

John  Smith  .   . 

10 

15 

Isaac  Meifler. 

13 

11 

Sarah  Danforth  

16 

20 

Mary  Newman  .. 

18 

18 

Grand  total  number  of  days  attendance 

64 

Males. 

Females! 

Total. 

Number  of  scholars    ...        .....      . 

2 

2 

4 

Average  daily  attendance    .  . 

3  2 

And  said  teacher  shall  add  up  the  whole  number  of  days'  at- 
tendance of  each  scholar,  and  make  out  the  grand  total  num- 
ber of  days  attendance.  He  shall  also  note  the  whole  number 
of  scholars,  giving  the  males  and  females  separately;  the  aver- 
age daily  attendance,  and  shall  set  the  age  of  each  pupil  op- 
posite the  name  of  such  pupil,  as  in  the  form  above  prescribed, 
and  shall  attach  thereto  his  certificate,  which  shall  be  in  the 
following  form,  viz. : 

I  certify  that  the  foregoing  schedule  of  scholars  attending  my  school 
as  therein  named,  and  residing  as  specified  in  said  schedule,  to  the  best 
of  my  knowledge  and  belief,  is  correct. 

A B ,  Teacher. 

§  15.  When  the  teacher  shall  have  completed  his  or  her 
schedule  or  schedules  as  provided  in  the  foregoing  section,  he 
or  she  shall  deliver  it  to  some  one  of  the  directors,  who  shall, 
if  requested,  give  the  teacher  a  receipt  for  the  same.  And  it 
shall  be  the  duty  of  the  said  director,  in  connection  with  at 
least  one  other  director  of  the  board,  to  carefully  examine  such 
schedule  or  schedules,  and  after  correcting  all  errors,  if  any,  if 
they  shall  find  such  schedule  to  have  been  kept  according  ta 
law,  they  shall  certify  to  the  same  as  near  as  practicable,  in 
the  following  form.  viz. : 

STATE  OF  ILLINOIS, 
County. 

We,  the  undersigned  directors  of  district  No ,  township  No. 

,  range  No ,  in  the  county  aforesaid,  certify  that  we  have 

carefully  examined  the  foregoing  schedule  and  find  the  same  to  be  correct, 
and  that  the  school  was  conducted   according  to  law;  that  the  teacher  is- 

paid  as   per  contract  dollars   per  ;  that   the  sum  of  

dollars  is  now  due for  services  for  the  month  ending ; 


ss. 


61 

that  said  teacher  has  a  legal  certificate   of  grade,   and  that  tlie 

property  of  said  district  in  charge  of  such  teacher  has  been  satisfactorily 
accounted  for. 
Witness  our  hands  this day  of ,  A.  D 


Directors. 

§  16.  Teachers'  wages  are  hereby  declared  due  and  payable 
monthly,  and  upon  certifying  to  the  schedule  or  statement,  as 
hereinbefore  provided  for,  the  directors,  or  board  of  education, 
may  at  once  make  out  and  deliver  to  the  teacher  an  order  upon 
the  township  treasurer  for  the  amount  named  in  the  schedule 
or  statement;  which  order  shall  state  the  rate  at  which  the 
teacher  is  paid  according  to  his  contract,  the  limits  of  the 
time  for  which  the  order  pays,  and  that  the  directors  have 
duly  certified  a  schedule  covering  the  time  specified  in  such 
order:  Provided,  that  in  case  said  order  shall  be  presented  to 
the  township  treasurer  and  not  paid  for  want  of  funds,  said 
treasurer  shall  certify  on  the  back  of  such  order  the  date  of 
presentation  as  required  by  section  18  of  article  IV  of  this  act, 
and  thereafter  such  order  shall  bear  interest  at  the  rate  of 
eight  per  cent,  per  annum  until  paid,  or  until  the  said  treasurer 
shall  notify  the  clerk  of  the  board  of  directors  issuing  such 
order  that  he  has  funds  with  which  to  pay  the  same. 

§  17.  The  school  month  shall  be  the  same  as  the  calendar 
month,  but  teachers  shall  not  be  required  to  teach  upon  Satur- 
days, Sundays,  legal  holidays,  these  being  New  Year's,  Fourth 
of  July,  Christmas  and  Thanksgiving,  and  fast  days  appointed 
by  the  national  or  state  authority;  nor  shall  they  be  required 
to  make  up  the  time  lost  by  closing  school  upon  such  days  or 
upon  such  special  holidays  as  may  be  granted  the  schools  by 
the  board  of  directors. 


ARTICLE  VIII. 


REVENUE-TAXATION. 


§    1.    Power  to  tax:  limitations. 

$  2.  Certificate  of  tax  levy;  time  of  return; 
form. 

§  3.  Eeturn  of  certificate  to  county  clerk ;  map 
filed. 

§    4.    District  in  two  counties. 

§    E..    Taxes  computed  by  county  clerk. 

§    fi.    Assessors  to  designate  the  district. 

§  7.  County  clerk  to  copy  numbers  of  dis- 
tricts; tax  to  be  uniform. 


§    8.  Certificate  of  amount  due  each  district. 

§    9.  Collector  to  pay  township  treasurer. 

§  10.  Districts  lying  in  two  townships. 

§  11.  Penalty  for  failure  to  pay. 

§  12.  Blank  books  and  notices. 

§  13.  Failure  to  file  certificate  does  not  vitiate 
the  assessment. 


SECTION  1.  For  the  purpose  of  establishing  and  supporting 
free  schools,  for  not  less  than  five  nor  more  than  nine  months 
in  each  year,  and  defraying  all  the  expenses  of  the  same  of 
every  description;  for  the  purpose  of  repairing  and  improving 


-school  houses,  of  procuring  furniture,  fuel,  libraries  and  appa- 
ratus, and  for  all  other  necessary  incidental  expenses  in  each 
district,  village  or  city,  anything  in  any  special  charter  to  the 
contrary  notwithstanding,  the  directors  of  such  district,  and  the 
authorities  of  such  village  or  city  shall  be  authorized  to  levy  a 
tax  annually  upon  all  the  taxable  property  of  the  district. 
village  or  city,  not  to  exceed  two  per  cent,  for  educational,  and 
three  per  cent,  for  building  purposes  (except  to  pay  indebted 
ness  contracted  previous  to  the  passage  of  this  act,)  the  valu- 
ation to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes. 

§  2.  The  directors  of  each  district  shall  ascertain,  as  near  as 
practicable,  annually,  how  much  money  must  be  raised  by  spe- 
cial tax  for  school  purposes  during  the  ensuing  year,  which 
amount  shall  be  certified  and  returned  to  the  township  treas- 
urer on  or  before  the  first  Tuesday  in  August,  annually.  The 
certificate  of  the  directors  may  be  in  the  following  form,  viz. : 

We  hereby  certify  that  we  require  the  sum  of dollars,  to  be 

( levied  as  a  special  tax  for  school  purposes,  and dollars  for  build- 
ing purposes,  on  the  taxable  property    of  our   district,    for   the  year    A.. 

D 

Given  under  our  hands  this day  of A.  D 

A.  B.,  1     Directors  district  No ,  township 

G.  D.,    }•        No ,  range  No ,  county 

E.  F.,   J         of ,    State  of  Illinois. 

§  3.  It  shall  be  the  duty  of  township  treasurer  to  return 
the  certificate  mentioned  in  the  foregoing  section  to  the  county 
clerk,  on  or  before  the  second  Monday  of  August,  and  when- 
ever the  boundaries  of  the  districts  of  the  townships  shall  have 
been  changed,  the  township  treasurer  shall  return  to  the  county 
clerk,  with  the  certificates,  a  map  of  the  township,  showing 
such  changes,  and  certified  as  required  by  the  provisions  of 
this  act. 

§  4.  When  a  district  lies  partly  in  two  or  more  counties, 
the  directors  thereof  shall  ascertain  as  nearly  as  practicable  die 
amount  to  be  raised  by  special  tax  for  school  purposes,  and 
shall  prepare  one  certificate  thereof  for  each  county  in  which 
such  district  may  lie,  and  deliver  all  of  the  said  certificates  to 
the  township  treasurer,  who  receives  the  tax  money  of  such  dis- 
trict, who  shall  return  one  each  of  such  certificates  to  the  county 
clerk  of  each  county  within  which  such  district  shall  lie.  On  the 
first  Monday  of  October,  or  as  soon  thereafter  as  may  be  prac- 
ticable, annually,  the  county  clerk  of  each  of  such  counties  shall 
ascertain  the  total  equalized  valuation  of  all  the  taxable  prop- 
erty in  that  part  of  such  district  as  shall  lie  in  his  county,  and 
certify  the  amount  thereof  to  the  county  clerk  of  each  of  the 
other  counties  in  which  such  district  may  lie;  and  from  the  ag- 
gregate of  such  equalized  valuation  and  from  the  certificate  of 
the  amount  so  required  to  be  levied,  such  clerks  shall  ascertain 


63 

the  rate  per  cent,  required  to  produce  in  such  district  the 
amount  of  such  levy,  and  at  that  rate  shall  extend  the  special 
tax  to  be  levied  for  school  purposes  in  that  part  of  such  dis- 
trict lying  in  their  respective  counties.  [As  amended  by  act 
approved  June  17,  1891. 

§  5.  According  to  the  amount  certified,  as  aforesaid,  the 
county  clerk,  when  making  out  the  tax  books  for  the  collector, 
shall  compute  each  taxable  person's  tax,  in  said  district,  upon 
the  total  amount  of  taxable  property,  as  equalized  by  the 
State  Board  of  Equalization  for  that  year,  lying  and  being  in 
said  district,  whether  belonging  to  residents  or  non-residents, 
and  also  each  and  every  tract  of  land  assessed  by  the  assessor, 
which  lies,  or  the  largest  part  of  which  lies,  in  said  district 
The  said  county  clerk  shall  cause  each  person's  tax,  so  com- 
puted, to  be  set  upon  the  tax  book  to  be  delivered  to  the  col- 
lector for  that  year,  in  a  separate  column,  against  each  tax- 
payer's name  or  parcel  of  taxable  property,  as  it  appears  in 
said  collector's  books,  to  be  collected  in  the  same  manner  and 
at  the  same  time  and  by  the  same  persons  as  State  and  county 
taxes  are  collected. 

§  6.  It  shall  be  the  duty  of  assessors,  when  making  assess- 
ments of  personal  property,  to  designate  the  number  of  the 
school  district  in  which  each  person  so  assessed  resides;  which 
designation  shall  be  made  by  writing  the  number  of  such  dis- 
trict opposite  each  person's  assessment  of  personal  property, 
in  a  column  provided  for  that  purpose,  in  the  assessment  roll 
returned  by  the  assessor  to  the  county  clerk. 

§  7.  It  shall  be  the  duty  of  the  county  clerk  to  copy  said 
numbers  of  school  districts,  so  returned  by  the  assessor,  into 
the  collector's  book  and  to  extend  the  school  tax  on  each  per- 
son's assessment  of  personal  property,  according  to  the  rate 
required  by  the  amount  designated  by  the  directors  of  the 
school  district  in  which  such  person  resides.  The  computations 
of  each  person's  tax  and  the  levy  made  by  the  clerk,  as  afore- 
said, shall  be  final  and  conclusive:  Provided,  the  rate  shall  be 
uniform  and  shall  not  exceed  that  required  by  the  amount  cer- 
tified by  the  board  of  directors. 

§  8.  The  county  clerk  before  delivering  the  tax  book  to  the 
collector,  shall  make  out  and  send  by  mail,  to  each  township 
treasurer  in  the  county,  a  certificate  of  the  amount  due  each 
district  or  fraction  of  a  district  in  his  township,  of  said  tax  so 
levied  and  placed  upon  the  tax  books. 

§  9.  On  or  before  the  first  day  of  April  next,  after  the  delivery 
of  the  tax  books  containing  the  computation  and  levy  of  the 
said  taxes,  or  so  soon  thereafter  as  the  township  treasurer  shall 
present  the  said  certificate  of  the  amount  of  the  said  tax,  and 
make  a  demand  therefor,  the  said  collector  shall  pay  to  said 
township  treasurer  the  full  amount  of  said  tax  so  certified  by 
the  county  clerk,  or  in  case  any  part  thereof  remains  uncollected, 


64 

said  collector  shall,  in  addition  to  the  amount  collected,  deliver 
to  said  township  treasurer  a  statement  of  the  uncollected  taxes 
for  each  district  of  such  township,  taking  of  the  township  treas- 
urer his  receipt  therefor,  which  receipt  shall  be  evidence  as  well 
in  favor  of  the  collector  as  against  the  township  treasurer. 
The  said  treasurer  shall  enter  the  amount  collected  in  his  books 
under  the  proper  heads,  and  pay  the  same  out  as  provided  for 
by  this  act. 

§  10.  When  a  district  is  composed  of  parts  of  two  or  more 
townships,  the  directors  shall  determine  and  inform  the  collect- 
ors of  said  townships,  and  the  collector  or  collectors  of  the 
county  or  counties  in  which  said  townships  lie,  in  writing,  under 
their  hands  as  directors,  which  of  the  treasurers  of  the  town- 
ships, from  which  their  district  is  formed,  shall  demand  and  re- 
ceive the  tax  money  collected  by  the  said  collectors  as  aforesaid. 

§11.  If  any  collector  shall  fail  to  pay  the  amount  of  said 
tax,  or  any  part  thereof,  as  required  by  the  provisions  of  sec- 
tion nine  (9)  of  this  article,  of  this  act,  it  shall  be  competent 
for  the  township  treasurer,  or  other  authorized  person,  to  pro- 
ceed against  said  collector  and  his  securities  in  any  action  of 
debt  upon  his  official  bond,  in  any  court  of  competent  jurisdic- 
tion. And  the  said  collector  so  in  default  shall  pay  twelve  per 
centum  upon  the  amount  due,  to  be  assessed  as  damages,  which 
shall  be  included  in  the  judgment  rendered  against  him:  Pro- 
vided, no  collector  shall  be  liable  for  such  part  of  said  tax  as 
he  shall  be  able  to  make  appear  he  could  not  have  collected  by 
law,  until  he  has  collected  or  may  be  able  to  so  collect  such 
amount. 

§  12.  It  is  hereby  made  the  duty  of  the  proper  officers  in 
preparing  blank  books  and  notices  for  the  use  of  assessors  to 
provide  columns  and  blanks  for  the  use  of  assessors,  so  that 
they  may  designate  the  number  of  the  school  district,  as  pro- 
vided for  in  section  six  (6)  of  this  article  of  this  act. 

§  13.  A  failure  by  the  directors  to  file  their  certificates,  or 
of  the  township  treasurer  to  return  the  same  to  the  county 
clerk  in  the  time  required  by  this  act,  shall  not  vitiate  the 
assessment,  but  the  same  shall  be  as  legal  and  valid  as  if 
completed  in  the  time  required  by  law. 

ARTICLE  IX. 


BONDS. 


§  1.  Vote  necessary  to  borrow  money;  limit 
of  sum  borrowed. 

§  2.    Registry  of  bonds 

§  3.  Money  paid  into  school  treasury  of  town- 
ship; cancellation  of  bonds. 

§  4.  Election  for  borrowing  money;  form  of 
notice. 


Judges. 

Poll  book  returned;  penalty  for  failure  to 

return  poll  book. 
Refunding  school  district  bonds. 


SECTION  1.     For  the  purpose  of  building  school  houses  or  pur- 
chasing school  sites,  or  for  repairing  and  improving  the  same,  the 


65 

directors  of  any  school  district,  when  authorized  by  a  majority  of 
all  the  votes  cast  at  an  election  called  for  that  purpose,  may 
borrow  money,  issuing  bonds  signed  by  not  less  than  two  mem- 
bers of  said  board  of  directors,  in  sums  of  not  less  than  one 
hundred  dollars  ($100),  and  'bearing  interest  at  a  rate  not  ex- 
ceeding eight  per  centum  per  annum :  *  Provided,  that  the  sum 
borrowed  in  any  one  year  shall  not  exceed  five  per  cent,  (in- 
cluding existing  indebtedness)  of  the  taxable  property  of  the 
district,  to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness. 

£  ±  ^.11  bonds  authorized  to  be  issued  by  virtue  of  the  fore- 
going section  before  being  so  issued,  negotiated  and  sold,  shall 
be  registered,  numbered  and  countersigned  by  the  school  treas- 
urer of  the  township  wherein  the  school  house  of  such  district 
is,  or  is  to  be  located.  Such  register  shall  be  made  in  a  "bond 
register"  book  to  be  kept  for  that  purpose,  and  in  this  register 
shall  first  be  entered  the  record  of  the  election  authorizing  the 
directors  to  borrow  money,  and  then  a  description  of  the  bonds 
issued  by  virtue  of  such  authority  as  to  number,  date,  to  whom 
issued,  amount,  rate  of  interest  and  when  due. 

§  3.  All  moneys  borrowed  under  the  authority  granted  by 
this  article  of  this  act,  shall  be  paid  into  the  school  treasury  of 
the  township  wherein  the  bonds  issued  therefor  are  required  to 
be  registered,  and,  upon  receiving  such  moneys,  the  treasurer 
shall  deliver  the  bond  or  bonds  issued  therefor  to  the  parties 
entitled  to  receive  the  same,  and  shall  credit  the  funds  received 
to  the  district  issuing  the  bonds.  The  treasurer  of  said  township 
shall  enter  in  the  said  "bond  register"  the  exact  amount  re- 
ceived for  each  and  every  bond  issued.  And  when  any  such 
bonds  are  paid,  the  said  township  treasurer  shall  cancel  the 
same  and  shall  enter  in  the  said  "bond  register,"  against  the 

record  of  such  bonds,  the  words,  "paid  and  cancelled  the  

day  of ,  A.  D.,  ,"  filling  the  blanks  with  the  day 

month  and  year  corresponding  with  the  date  of  such  payment. 

§  4.  Whenever  it  is  desired  to  hold  an  election  for  the  pur- 
pose of  borrowing  money,  as  provided  for  in  this  article  of  this 
act,  the  directors  of  the  district  in  which  such  election  is  to  be 
held,  shall  give  at  least  ten  days'  notice  of  the  holding  of  such 
election,  by  posting  notices  in  at  least  three  of  the  most  public 
places  in  such  district.  Such  notices  shall  specify  the  place 
where  such  election  is  to  be  held,  the  time  of  opening  and  clos- 
ing the  polls,  and  the  question  or  proposition  to  be  voted  upon, 
which  notice  may  be  substantially  in  the  following  form,  viz. : 

NOTICE  OF  ELECTION. 

Public  notice  is  hereby  given  that  on   the day  of  

A.  D ,  an  election    will  be   held  at  school  district 

No ,  in  township  No ,  range  No. ..-...,  of  the  principal  meridian 

*  7  per  cent,  ie  the  highest  rate  allowed  by  law  on  loans  made  on  or  after  July  1,    1891. 

—5   S 


66 

in county,  Illinois,  for  the  purpose   of  voting  "For"  or 

"Against"  the  proposition  to  issue  the  bonds  of  said  school  district  No.. 

to  the  amount  of dollars  due  (here  insert  the  times 

of  payment,  giving  the  amount  falling  due  each  year,  if  the  bonds  mature 

at  different  dates),  which  bonds  are  to  bear  interest  at  the  rate  of 

per  cent,  per  annum,  payable annually. 

The  polls  of  said  election  will  be  opened  at o  clock M..  and  will 

remain  open  until o'clock  —  M. 

Dated  this day  of ....,  A.  D 

A.  B., 
C.  D., 
E.  F.? 

Directors. 

$  5.  At  such  election  two  of  the  directors  of  such  district 
shall  act  as  judges  and  one  of  said  directors  shall  act  as  clerk. 
In  case  either  or  any  of  said  directors  shall  fail,  from  any 
cause,  to  be  present  or  to  act  at  such  election,  at  the  time  of 
opening  the  polls  thereof,  the  legal  voters  assembled  shall 
choose,  from  their  number,  persons  to  act  as  such  two  judges, 
and  a  clerk  of  said  election.  The  said  judges  and  the  said  clerk 
shall  take  and  subscribe  the  oath  required  of  judges  and  clerks 
of  an  election  held  for  State  or  county  officers,  and  such  oath 
may  be  administered  in  the  same  manner  as  is  or  may  be  pro- 
vided by  law  for  administering  the  oath  to  judges  and  clerks 
at  a  State  or  county  election.  At  such  election  all  votes  shall 
be  by  ballot.  In  districts  which  have  adopted  the  provisions 
of,  "An  act  regulating  the  holding  of  elections,  and  declaring 
the  result  thereof  in  cities,  villages  and  incorporated  towns  in 
this  State,"  approved  June  19,  1885,  the  said  election  shall  be 
held  under  the  provisions  of  said  act. 

§  6.  Within  ten  days  after  every  such  election,  the  judges 
shall  cause  the  poll- book  to  be  returned  to  the  township  treas- 
urer, who  is  required  to  register  such  bonds,  with  a  certificate 
thereon  showing  the  result  of  such  election,  which  poll-book 
shall  be  filed  and  safely  kept  by  the  said  township  treasurer, 
and  shall  be  evidence  of  such  election.  For  a  failure  to  return 
such  poll-book  to  such  treasurer  within  the  time  prescribed,  the 
judges  of  said  election  shall  severally  be  liable  to  a  penalty  of 
not  less  than  twenty-five  dollars  ($25)  nor  more  than  one  hun- 
dred dollars  ($100),  to  be  recovered  in  a  suit  in  the  name  of  the 
People  of  the  State  of  Illinois,  before  any  justice  of  the  peace, 
and,  when  collected,  shall  be  added  to  the  township  school 
fund  of  the  township  in  which  said  treasurer  resides. 

§  7.  In  all  cases  where  any  school  district  has  heretofore 
issued  or  may  hereafter  issue  bonds,  or  other  evidences  of  in- 
debtedness, for  money  on  account  of  any  public  school  building, 
or  other  public  improvement,  or  for  any  other  purposes  which 
are  now  binding  and  subsisting  legal  obligations  against  said 
school  district,  and  remaining  outstanding,  and  which  are  proper- 
ly authorized  by  law,  the  proper  authorities  of  such  school  dis- 
trict may,  upon  the  surrender  of  any  such  bonds  or  other  evidences 
of  indebtedness,  or  any  number  thereof,  issue  in  place  or  in  lieu 


67 

thereof,  or  to  take  up  the  same,  to  the  holders  or  owners  of 
the  same,  or  to  other  persons  for  money  with  which  to  take  up 
the  same,  new  bonds  or  other  evidences  of  indebtedness,  in  such 
form,  for  such  amount,  upon  such  time,  not  exceeding  the  term 
of  twenty  (20)  years,  and  drawing  such  rate  of  interest  not  ex- 
ceeding eight  (8)  per  centum  per  annum,*  as  may  be  determined 
upon;  and  such  new  bonds  or  other  evidences  of  indebtedness 
so  issued  shall  show,  on  their  face,  that  they  are  issued  under 
this  act:  Provided,  that  the  issue  of  such  new  bonds  in  lieu  of 
such  indebtedness  shall  first  be  authorized  by  a  vote  of  the  legal 
voters  of  such  school  district  voting  at  an  election  called  and 
conducted  as  other  elections  provided  for  by  this  article  of  this 
act:  And,  provided,  further,  that  such  bonds  or  other  evidences 
of  indebtedness  shall  not  be  issued  so  as  to  increase  the  aggre- 
gate indebtedness  of  such  school  district  beyond  five  (5)  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be  as- 
certained by  the  last  assessment  for  State  and  county  taxes, 
prior  to  the  issuing  of  such  bonds  or  other  evidences  of  indebt- 
edness. 

ARTICLE  X. 


COUNTY  CLERK. 


§    I- 


*  s. 


To  furnish  to  county  superintendent  a 

list  of  trustees  elected. 
To    file    papers   relating  to  changes    in 

c.istrict  boundaries ;  penalty  for  failure 

to  do  so. 
To  furnish  certificate  of  equalised  value 

of  taxable  property  in  case  of  district 

in  two  counties. 
To  furnish  certificate  of  equalized  value 

of  taxable  property  to  any  district. 


§  5.  To  compute  tax;  to  copy  the  numbers  of 
districts;  to  extend  tax  and  to  send 
certificate  of  amount  due  each  district, 
etc. 

§  6.  To  certify  to  bills  of  county  superin- 
tendents, and  transmit  them  to  State 
Auditor. 

§  7.  To  record  land  sales  reported  by  county 
superintendent. 


SECTION  1.  In  all  cases  where,  by  any  provision  of  laws,  the 
returns  of  any  election  for  school  trustees  are  made  to  the 
county  clerk  of  any  county,  it  shall  be  the  duty  of  the  county 
clerk,  within  ten  days  after  such  returns  have  been  made  to 
him,  as  aforesaid,  to  furnish  to  the  county  superintendent  of 
schools  a  list  of  all  such  trustees  so  returned  to  him,  and  the 
township  from  which  the  same  have  been  so  returned. 

§  2.  Whenever  any  change  shall  be  made  in  the  boundaries 
•of  any  school  district,  and  a  written  statement  or  record  of 
such  change  shall  be  delivered  to  the  county  clerk  of  such  county, 
it  shall  be  the  duty  of  said  county  clerk  to  file  such  statement 
or  record,  and  all  papers  relating  thereto,  and  duly  record  the 
same  in  the  records  of  his  office;  and  in  case  of  neglect  or 
failure  so  to  do,  the  said  county  clerk  shall  be  liable  to  a  pen- 
alty of  twenty -five  dollars  ($25),  to  be  recovered  by  an  action  of 
debt  before  any  justice  of  the  peace,  at  the  suit  of  the  county 
superintendent,  for  the  benefit  of  the  school  fund  of  the  said 
•county. 


*  7  percent,  is  the  highest  rate  allowed  by  law,  on  loans  made  on  or  after  July  1. 1891. 


68 

§  3.  Whenever  any  school  district  lies  partly  in  two  or  more 
counties,  it  shall  be  the  duty  of  the  county  clerk  of  each  county 
in  which  any  part  of  such  district  lies  to  furnish,  upon  request, 
to  the  directors  of  such  district  a  certificate  showing  the  last 
ascertained  equalized  value  of  the  taxable  property  in  that  part 
of  such  district  lying  in  such  county. 

§  4.  It  shall  be  the  duty  of  the  county  clerk  to  furnish  to 
the  directors  of  any  school  district,  or  to  the  board  of  educa- 
tion in  districts  having  a  board  of  education,  upon  request,  a 
certificate  showing  the  last  ascertained  equalized  value  of  the 
taxable  property  of  such  district,  as  the  same  appears  of  record 
in  his  office. 

§  5.  It  shall  be  the  duty  of  the  county  clerk,  when  making 
out  the  tax  books  for  the  collector,  to  compute  each  taxable 
person's  tax  in  each  school  district,  upon  the  total  amount  of 
taxable  property,  as  equalized  by  the  State  Board  of  Equaliza- 
tion for  that  year,  lying  and  being  in  such  district,  whether  be- 
longing to  residents  or  non-residents,  and  also  each  and  every 
tract  of  land  assessed  by  the  assessor  which  lies,  or  the  largest 
part  of  which  lies,  in  such  district.  Such  computation  shall  be 
made  so  as  to  realize  the  amount  of  money  required  to  be 
raised  in  such  district,  as  shown  and  set  forth  in  the  certificate 
of  tax  levy,  made  out  by  the  directors  of  such  district,  and 
filed  with  the  township  treasurer,  as  required  by  the  provisions 
of  this  act.  The  said  county  clerk  shall  cause  each  person's  tax, 
so  computed,  to  be  set  upon  the  tax  book  to  be  delivered  to 
the  collector  for  that  year,  in  a  separate  column  against  each 
tax  payer's  name,  or  parcel  of  taxable  property,  as  it  appears 
in  said  collector's  books,  to  be  collected  in  the  same  manner, 
and  at  the  same  time,  and  by  the  same  person,  as  State  and 
county  taxes  are  collected.  In  making  up  the  tax  books  to  be 
delivered  to  the  collectors  of  taxes,  the  county  clerk  shall  copy 
into  such  tax  books  the  number  of  the  school  district  set 
opposite  to  each  person's  assessment  of  personal  property  by 
the  assessor  making  the  assessment  of  such  person,  and  to  ex- 
tend the  school  tax  on  each  person's  assessment  of  personal 
property,  according  to  the  rate  required  by  the  amount  des- 
ignated by  the  directors  of  the  school  district  in  which  such 
person  resides,  as  shown  by  said  certificate  of  tax  levy.  The 
computation  of  each  person's  tax  and  the  levy  made  by  the 
clerk,  as  aforesaid,  shall  be  final  and  conclusive:  Provided,  that 
the  rate  shall  be  uniform,  and  shall  not  exceed  that  required 
by  the  amount  certified  by  the  board  of  directors.  The  said 
county  clerk,  before  delivering  the  tax  book  to  the  collector, 
shall  make  out  and  send  by  mail  to  each  township  treasurer  of 
the  county  a  certificate  of  the  amount  due  each  district,  or 
fraction  of  a  district,  in  his  township,  of  said  tax  so  levied  and 
placed  upon  the  tax  books.  - 

§  6.  Whenever  the  county  board  of  any  county  shall  have 
audited  the  itemized  bills  of  the  county  superintendents  of 


09 

schools  or  their  assistants,  as  required  by  the  provisions  of 
this  act,  it  shall  be  the  duty  of  the  county  clerk  of  such  county 
to  certify  to  such  act,  and  transmit  the  said  bills  to  the  Auditor 
of  Public  Accounts,  who  shall,  upon  the  receipt  of  them,  remit, 
in  payment  thereof  to  each  superintendent,  his  warrant  upon 
the  State  Treasurer  for  the  amount  certified  to  be  due  him; 
and  the  Auditor,  in  making  his  warrant  to  any  county  for  the 
amount  due  from  the  state  school  fund,  shall  deduct  from  it 
the  several  amounts  for  which  warrants  have  been  issued  to 
the  county  superintendent  of  said  county  since  the  next  pre- 
ceding apportionment  of  the  state  school  fund. 

£  7.  The  county  clerk  of  each  county  shall  preserve  and 
record  in  a  well- bound  book  to  be  kept  for  that  purpose,  the 
report  of  the  county  superintendent,  made' to  the  county  board 
at  the  first  regular  term  of  such  board  in  each  year,  relating 
to  the  sale  of  school  lands,  the  amount  of  money  received,  paid, 
loaned  out  and  on  hand,  belonging  to  each  township  fund  in 
his  control,  and  the  statement  copied  from  the  loan  book  of 
such  county  superintendent,  showing  all  the  facts  in  regard  to 
loans,  which  are  required  to  be  stated  on  the  loan  book. 

ARTICLE   XL 

COUNTY  BOARD. 

§  1.    Powers  of  the  county  boara  defined.  I  §  3.    Statement  of  land  sales   by  the   county 

•§  2.    Duties  of  the  county  board  defined.  board. 

SECTION  1.  The  county  board  of  each  county  of  this  State 
shall  have  power— 

First— To  approve  the  bond  of  the  county  superintendent  of 
schools. 

Second — To  increase  the  penalty  of  the  bond  of  the  county 
superintendent  of  schools  beyond  twelve  thousand  dollars 
(*12,000)  if,  in  the  discretion  of  said  county  board,  such  bond 
should  be  so  increased. 

Third — To  remove  the  county  superintendent  of  schools  from 
office  for  any  palpable  violation  of  law  or  omission  of  duty.* 

Fourth — To  require  the  county  superintendent  of  schools, 
after  notice  given,  to  execute  a  new  bond,  conditioned  and  ap- 
proved as  the  first  bond,  whenever  in  the  discretion  of  the 
county  board  such  new  bond  is  necessary:  Provided,  however, 
that  the  execution  of  such  new  bond  shall  not  affect  the  old 
bend  or  the  liability  of  the  security  thereof. 

Fifth — To  require  the  county  superintendent  of  schools  to 
make  the  reports  to  such  board  provided  for  by  law,  and  to 
remove  him  from  office  in  case  of  neglect  or  refusal  so  to  do. 

Sixth — In  counties  having  not  more  than  one  hundred  (100) 
schools,  the  board  may  limit  the  time  pf  the  superintendent  of 
schools:  Provided,  that  in  the  counties  having  not  more  than 

*  This  grant  of  power  it  not  annulled  by  the  repeal  of  section  7,  article  II. 


70 

fifty  (50)  schools  the  limit  of  time  shall  not  be  less  than  one 
hundred  and  fifty  (150)  days  a  year;  in  counties  having  from 
fifty-one  (51)  to  seventy-five  (75)  schools,  not  less  than  two 
hundred  (200)  days  a  year;  and  in  counties  having  from  sev- 
enty-six (76)  to  one  hundred  (100)  schools,  not  less  than  two 
hundred  and  fifty  (250)  days. 

Seventh — Said  county  board  shall  authorize  the  county  super- 
intendent of  schools  to  employ  such  assistants  as  he  needs  for 
the  full  discharge  of  his  duties,  and  said  county  board  shall  fix 
the  compensation  to  be  paid  therefor,  which  compensation  shall 
be  paid  out  of  the  county  treasury. 

§  2.  It  shall  be  the  duty  of  the  county  board  of  each  county 
of  this  State— 

First — To  provide  for  the  county  superintendent  of  schools  a 
suitable  office  with  necessary  furniture  and  office  supplies  as  is 
done  in  the  case  of  other  county  officers. 

Second — When  the  office  of  county  superintendent  of  schools 
shall  become  vacant  by  death,  resignation,  removal  or  other- 
wise, to  fill  the  same  by  appointment.  And  the  person  so  ap- 
pointed shall  hold  his  office  until  the  next  election  of  county 
officers,  at  which  election  the  said  board  shall  order  the  elec- 
tion of  a  successor. 

Third — To  examine  and  approve  or  reject  the  report  of  the 
county  superintendent  of  schools  made  to  such  board,  and  the 
notes  and  securities  taken  by  such  superintendent  for  school 
funds. 

Fourth— At  the  regular  meeting  in  September,  and  as  near 
quarterly  thereafter,  as  such  board  may  have  regular  or  special 
meetings,  to  audit  the  itemized  bills  of  the  county  superintend- 
ent, and  of  his  assistants,  for  their  per  diem  compensation  and 
expenses  allowed  by  law  for  visiting  schools. 

§  3.  At  the  first  regular  term  of  the  county  board,  in  each 
year,  the  county  superintendent  shall  present  to  the  county 
board  of  his  county — 

First — A  statement  showing  the  sales  of  school  lands  made 
subsequent  to  the  first  regular  term  of  the  previous  year,  which 
shall  be  a  true  copy  of  the  sale  book  (book  B). 

Second  —  Statements  of  the  amount  of  money  received,  paid, 
loaned  out  and  in  hand,  belonging  to  each  township  or  fund 
under  his  control,  the  statement  of  each  fund  to  be  separate. 

Third — Statements  copied  from  his  loan  book  (book  C),  show- 
ing all  the  facts  in  regard  to  loans  which  are  required  to  be 
stated  on  the  loan  book. 

All  of  which  the  county  board  shall  thereupon  examine  and 
compare  with  the  vouchers,  and  the  said  county  board,  or  so 
many  of  them  as  may  be  present  at  the  meeting  of  'fche  board, 
shall  be  liable  individually  to  the  fund  injured  and  to  the  securi- 


71 

ties  of  the  county  superintendent,  in  case  judgment  be  recovered 
of  the  said  securities,  for  all  damages  occasioned  by  a  neglect 
of  the  duties  or  any  of  them,  required  of  said  board  by  this 
section:  Provided,  nothing  herein  contained  shall  be  construed 
to  exempt  the  securities  of  said  county  superintendent  from  any 
liability  as  such  securities,  but  they  shall  still  be  liable  to  the 
fund  injured  the  same  as  if  the  members  of  the  county  board 
were  not  liable  to  them  for  neglect  of  their  duty. 


ARTICLE  XII. 


SCHOOL    FUNDS. 


1.  To  consist  of  a  two-mill  tax;  interest  of 

school    fund    proper  and   of    surplus 
revenue. 

2.  State  to  nay  interest. 

3.  Dividend  to  counties  made  by  State  Au- 

ditor. 

4.  Warrants    issued  by  the  State  Auditor, 

and   received   from  the    collectors    by 
State  Treasurers. 


§  5.  County  superintendent  to  proceed  against 
collector  on  his  refusal  to  pay. 

§  6.  Proceeds  of  the  sale  of  sixteenth  section, 
etc  ,  constitute  principal  of  township 
fund,  etc.  :  interest  distributed. 

§    7.    Moneys  paid  out  upon  orders. 

8.  Form  of  orders;  filing  of  orders. 

9.  Union  districts;  receipts  to  be  taken. 


10.    Loans  in  districts  under  a  special  char- 
ter. 

SECTION  1.  The  common  school  fund  of  this  State  shall  con- 
sist of  the  proceeds  of  a  two-  mill  tax  to  be  levied  upon  each 
dollar's  valuation  of  the  property  in  the  State,  annually,  until 
otherwise  provided  by  law;  the  interest  on  what  is  known  as 
the  school  fund  proper;  being  three  per  cent,  upon  the  proceeds 
of  the  sales  of  the  public  lands  in  the  State,  one-  sixth  part  ex- 
cepted,  and  the  interest  on  what  is  known  as  the  surplus  rev- 
enue, distributed  by  act  of  congress  and  made  a  part  of  the 
common  school  fund  by  act  of  the  legislature,  March  4,  1837. 

§  2.  The  State  shall  pay  the  interest  mentioned  in  the  pre- 
ceding section  at  the  rate  of  six  per  cent,  per  annum,  annually, 
to  be  paid  into,  and  become  a  part  of,  said  school  fund. 

§  3.  On  the  first  Monday  in  January  in  each  and  every  year 
next  after  taking  the  census  of  the  State,  by  federal  or  state 
authority,  the  Auditor  of  Public  Accounts  shall  ascertain  the 
number  of  children  in  each  county  in  the  State,  under  twenty- 
one  years  of  age,  and  shall  thereupon  make  a  dividend  to  each 
county  of  the  sum  from  the  tax  levied  and  collected  under  the 
provisions  of  the  first  section  of  this  article  of  this  act,  and  of 
the  interest  due  on  the  school  fund  proper  and  surplus  revenue, 
in  proportion  to  the  number  of  children  in  each  county  under 
the  age  aforesaid,  and  issue  his  warrant  to  the  superintendent 
of  schools  of  each  county  upon  the  collector  thereof.  Upon  pres- 
entation of  said  warrant  by  the  county  superintendent  to  the 
collector  of  his  county,  said  collector  or  the  treasurer  shall  pay 
over  to  the  county  superintendent  the  amount  of  said  warrant 
out  of  the  first  funds  which  may  be  collected  by  him  and  not 
otherwise  appropriated  by  law,  taking  said  superintendent's 
receipt  therefor. 


72 

§  4.  The  said  warrants  issued  by  the  Auditor  of  Public  Ac- 
counts for  the  school  fund  tax,  and  for  the  interest  of  the  school 
fund  proper  and  surplus  revenue,  shall  be  received  by  the  State 
Treasurer  in  payment  of  amounts  due  the  State  from  county 
collectors;  and  on  presentation  by  the  State  Treasurer  of  said 
warrants  to  said  Auditor,  he  shall  issue  his  warrant  to  said 
Treasurer  of  the  school  fund,  for  the  amount  of  the  school  fund 
tax  warrants,  and  on  the  revenue  fund  for  the  amount  of  the 
warrants  for  interest  on  the  school  fund  proper  and  surplus 
revenue.  Dividends  shall  be  made  as  aforesaid,  according  to  the 
proportions  ascertained  to  be  due  to  each  county  annually, 
thereafter,  until  another  census  shall  have  been  taken,  and  then 
dividends  shall  be  made  and  continued  as  aforesaid,  according 
to  the  last  census. 

§  5.  If  any  collector  shall  fail  or  refuse  to  pay  the  amount  of 
:the  aforesaid  Auditor's  warrant,  or  any  part  thereof,  by  the  first 
day  of,  March  annually,  or  as  soon  thereafter  as  it  may  be  pre- 
sented, it  shall  be  competent  for  the  county  superintendent  to 
proceed  against  said  collector  and  his  securities  in  an  action  of 
debt,  in  any  court  having  competent  jurisdiction,  and  the  said 
collector  shall  pay  interest  at  the  rate  of  twelve  per  centum  per 
annum,  to  be  assessed  as  damages,  upon  the  amount  due.  and 
which  interest  shall  be  included  in  the  judgment  obtained  against 
him:  Provided,  that  if  it  satisfactorily  appears  to  the  court 
that  on  said  first  day  of  March,  or.  on  the  day  of  presentation 
for  payment  thereafter,  that  said  collector  had  not,  as  yet,  col- 
lected funds  sufficient  to  pay  said  warrant,  said  interest  shall 
not 'be  allowed  upon  said  warrant. 

§  6.  All  bonds,  notes,  mortgages,  moneys  and  effects  which 
have  heretofore  accrued  or  may  hereafter  accrue  from  the  sale  of 
the  sixteenth  section  of  the  common  school  lands  of  any  town- 
ship or  county,  or  from  the  sale  of  any  real  estate  or  other 
property  taken  on  any  judgment  or  for  any  debt  due  to  the 
principal  of  any  township  or  county  fund,  and  all  other  funds 
of  every  description  which  have  been  or  may  hereafter  be  carried 
to  and  made  part  of  the  principal  of  any  township  or  county 
fund,  by  any  law  which  has  heretofore  been,  is  nowT  or  may 
hereafter  be  enacted,  are  hereby  declared  to  be  and  shall  forever 
constitute  the  principal  of  the  township  or  county  fund,  re- 
spectively; and  no  part  thereof  shall  ever  be  distributed  or  ex- 
pended for  any  purpose  whatever,  but  the  same  shall  be  loaned 
out  and  held  to  use,  rent  or  profit,  as  provided  by  law.  But 
the  interest,  rents,  issues  and  profits,  arising  and  accruing  from 
the  principal  of  said  township  or  county  fund,  shall  be  dis- 
tributed in  the  manner  and  at  the  times  as  provided  by  this 
act;  nor  shall  any  part  of  such  interest,  rents,  issues  and  profits 
be  carried  to  the  principal  of  the  respective  funds,  except  it  ap- 
pear on  the  first  Monday  in  October  in  any  year,  that  there  is 
rent,  interest  or  other  funds  on  hand  which  are  not  required  for 
distribution,  such  amount  not  required,  as  aforesaid,  may,  if  th6 


73 

board  of  trustees  see  proper,  forever  be  considered   as   princi- 
pal in  the  funds  to  which  it  belongs  and  loaned  as  such. 

£  7.  School  funds  collected  from  special  taxes,  levied  by 
order  of  school  directors,  or  from  the  sale  of  property  belong- 
ing to  any  district,  shall  be  paid  out  only  on  the  order  of  the 
proper  board  of  directors;  and  all  other  moneys  or  school  funds 
liable  to  distribution,  paid  into  the  township  treasury,  or  com- 
ing into  the  hands  of  the  township  treasurer,  shall,  after  said 
funds  have  been  apportioned  by.  the  township  trustees,  'as  re- 
quired in  section  26  of  article  III  of  this  act,  be  paid  out  only 
on  the  order  of  the  proper  board  of  directorSj  signed  by  the 
president  and  clerk  of  said  board,  or  by  a  majority  of  said 
board.  For  all  payments  made,  receipts  shall  be  taken  and 
filed  by  said  board  of  directors. 

£  H.  In  all  such  orders  shall  be  stated  the  purpose  for 
which  or  on  what  account  drawn.  Said  orders  may  be  in  the 
following  form,  viz. : 

The  treasurer  of  township  No ,  range  No .,  in. ..... ...county, 

will  pay  to or  order,  dollars  and ..... ,  cents    (on   his  -con- 
tract for  repairing  school  house,  or  whatever  the  case  may  be). 

By  order  of  the  board  of  directors  of  school  district  No. $•  in -said 

township. 

A.  B.,  President. 
C.  D.,  Clerk. 

Which  order,  together  with  the  receipt  of  the  person  to  whom 
paid,  shall  be  filed  in  the  office  of  the  township  treasurer: 
Proridedj  that  when  an  order  is  paid  in  full,  such  order,  if 
properly  endorsed  by  the  person  in  whose  favor  it  was  drawn, 
and  his  assigns,  if  any,  shall  be  a  sufficient  receipt  for  the 
purposes  of  this  section. 

S  9.  When  a  district  is  composed  of  parts  of  two  or  more 
townships,  the  township  treasurer  or  treasurers  who  do  not 
receive  the  tax  money  of  said  district,  shall,  when  they  hold 
any  funds  belonging  to  said  district,  notify  the  directors  there- 
of of  the  amount  of  such  funds,  and  the  directors  shall  there- 
upon give  the  treasurer  who  receives  the  tax  money  of  said 
district  an  order  for  such  funds,  and  upon  receipt  thereof  he 
shall  hold  them,  to  be  paid  out  as  aforesaid. 

§  10.  In  all  cases  where  school  funds  are  held  by  any  per- 
son or  persons  in  an  official  capacity,  by  virtue  of  any  special 
charter  defining  the  manner  of  loaning  the  same,  such  money 
may  be  loaned  upon  the  same  terms  and  conditions  as  are  pro- 
vided by  this  act,  or  may  hereafter  be  provided,  by  the  school 
laws  of  this  State,  for  loaning  the  school  funds  of  counties  or 
townships. 


74 


ARTICLE  XIII. 


SCHOOL   LANDS. 


1.  Section  sixteen 

2.  Business  relating  to  school  lands,   where 

transacted. 

3.  Renting  and  sale  of  school  lands. 

4.  Right  of  way    and     depot    grounds    for 

ui-e  of  railroads. 
.*.     Trespass  on  school  land;  penalty. 

6.  Trespasser  liable  to  indictment. 

7.  Penalties  and  fines  to  be  paid  to  town- 

ship treasurer. 

8.  Petition  for  sale. 

9.  Fractional  township. 

10.  Divided  into  lots  by  trustees. 

11.  Making  of  a  plat. 

12.  Size  of  lots,  roads  and  streets. 

13.  Valuation  plats  aud  certificate  given  to 

county  superintendent. 
§  14.    Advertising  the  sale;  form  of  notice. 


§  15.    Place  of  sale. 

§  16.    Terms  of  sale;  amount  of  bid  borrowed. 

§  17.    Manner  of  sale. 

§  18.     Payment;  land  resold:  suit  instituted. 

§  19.    Unsold  land  afterwards  subject  to  sale. 

§  20.  Re  valuation  of  unsold  land ;  no  petition 
required. 

§21.    Certificate  of  purchase. 

§  22.  Statement  of  sales  by  county  superin- 
tendent. 

\  23.    Transcript  sent  to  Auditor. 

§24.  Patents;  certificates  of  sale;  evidence  of 
sale. 

$  25.    Duplicates  of  certificates  of  purchase. 

§  26.  Real  estate  taken  for  debt,  sold  by 
county  superintendent. 

§27.    Trustees  may  dedicate  land  for  streets. 


SECTION  1.  Section  number  sixteen  (16)  in  every  township 
granted  to  the  State  by  the  United  States  for  the  use  of 
schools,  and  such  sections  and  parts  of  section  as  have  been  or 
may  be  granted,  as  aforesaid,  in  lieu  of  all  or  part  of  section 
number  sixteen  (16),  and  also  the  lands  which  have  been  or 
may  be  selected  and  granted  as  aforesaid,  for  the  use  of  schools,, 
to  the  inhabitants  of  fractional  townships  in  which  there  is  no- 
section  number  sixteen  (16),  or  where  such  section  shall  not 
contain  the  proper  proportion  for  .the  use  of  schools  in  such 
fractional  township,  shall  be  held  as  common  school  lands; 
and  the  provisions  of  this  act  referring  to  common  school  lands 
shall  be  deemed  to  apply  to  the  lands  aforesaid. 

§  2.  All  the  business  of  such  townships,  so  far  as  relates  to- 
common  school  lands,  shall  be  transacted  in  that  county  which 
contains  all  or  a  greater  portion  of  said  lands. 

§  3.  It  shall  be  lawful  for  the  trustees  of  schools  in  town- 
ships in  which  section  number  sixteen  (16),  or  any  other  lands 
granted  in  lieu  thereof,  remain  unsold  or  which  has  title  to 
any  other  school  lands  whatsoever,  to  rent  or  lease  the  same 
for  an  annual  rent  to  be  paid  in  money  to  the  treasurer,  by  a 
written  contract  made  by  the  president  and  clerk,  under  the 
direction  of  the  board,  with  lessee  or  lessees,  which  contract 
shall  be  filed  with  the  records  of  the  board,  and  a  copy  of  the 
same  transmitted  to  the  county  superintendent.  In  case  of  any 
default  in  the  payment  of  the  rent,  the  said  board  of  trustees 
shall  at  once  proceed  to  collect  the  same  by  distress,  or  other- 
wise, as  may  be  provided  by  law  for  the  collection  of  rents  by 
landlords.  No  lease  taken  under  the  provisions  of  this  act, 
shall  be  for  a  longer  period  than  five  years,  except  where  such 
lands  are  leased  for  the  purpose  of  having  permanent  improve- 
ments made  thereon,  as  may  be  the  case  in  cities  aud  villages: 
Provided^,t$$!t  the  provisions-  of  this  section  shall  not  apply 
to  cities  having  a  population  of  over  one  hundred  thousand 
(100,000)  inhabitants. 


75 

§  4.  The  trustees  of  schools  of  any  township  concerned,  are 
hereby  authorized  and  empowered  in  their  corporate  capacity, 
to  sell  and  convey  to  any  railroad  company  which  may  con- 
struct a  railroad  across  any  of  the  public  school  lands  of  such 
township,  the  right  of  way  and  necessary  depot  grounds.  All 
moneys  received  by  such  trustees  for  any  right  of  way  or  depot 
grounds  so  sold,  shall  be  turned  over  by  such  trustees  to  the 
township  treasurer  of  the  township  for  the  benefit  of  the  town- 
ship school  fund. 

§  5.  If  any  person  shall,  without  being  duly  authorized,  cutv 
fell,  box,  bore,  destroy  or  carry  away  any  tree,  sapling  or  log 
standing  or  being  upon  any  school  lands,  such  person  shall  for- 
feit and  pay,  for  every  tree,  sapling  or  log  so  felled,  boxed,, 
bored,  destroyed  or  carried  away,  the  sum  of  eight  dollars  ($8), 
which  penalty  shall  be  recovered  with  costs  of  suit,  by  an  action 
of  debt  or  assumpsit,  before  any  justice  of  the  peace  having  jur- 
isdiction of  the  amount  claimed,  or  in  the  county  or  circuit 
court,  either  in  the  corporate  name  of  the  board  of  trustees  of 
the  township  to  which  the  land  belongs,  or  by  qui  tarn  action, 
in  the  name  of  any  person  who  will  first  sue  for  the  same,  one- 
half  of  the  judgment  for  the  use  of  the  person  suing  and  the 
other  half  for  the  use  of  the  township  aforesaid.  When  two  or 
more  persons  shall  be  concerned  in  the  same  trespass,  they  shall 
be  jointly  and  severally  liable  for  the  penalty  herein  imposed. 

§6.  Every  trespasser  upon  common  school  lands,  shall  be 
liable  to  indictment,  and  upon  conviction  shall  be  fined  in  three 
times  the  amount  of  the  injury  occasioned  by  said  trespass,  and 
shall  stand  committed  as  in  other  cases  of  misdemeanor. 

§  7.  All  penalties  and  fines  collected  under  the  provisions  of 
the  foregoing  sections  shall  be  paid  to  the  township  treasurer, 
and  be  added  to  the  principal  of  the  township  fund. 

§  8  When  the  inhabitants  of  any  township  or  fractional 
township  shall  desire  the  sale  of  the  common  school  lands  of  the 
township  or  fractional  township,  they  shall  present  a  petition  to 
the  county  superintendent  of  the  county  in  which  the  school 
lands  of  the  township,  or  the  greater  part  thereof,  lie,  for  the 
sale  thereof;  which  petition  shall  be  signed  by  at  least  two- thirds 
of  the  legal  voters  of  the  township,  or  fractional  township.  The 
signing  of  the  petition  must  be  done  in  the  presence  of  two  adult 
citizens  of  the  township,  after  the  true  meaning  and  purpose 
thereof  have  been  explained;  and,  when  signed,  an  affidavit  must 
be  affixed  thereto  by  the  two  citizens  witnessing  the  signing,  in  the 
manner  aforesaid,  which  affidavit  shall  state  the  number  of  in- 
habitants in  the  township,  or  fractional  township,  of  and  over 
twenty-one  years  of  age,  and  said  petition,  so  proved,  shall  be 
delivered  to  the  county  superintendent  for  his  action  thereon: 
Provider',  no  whole  section  shall  be  sold  in  any  township  con- 
taining less  than  two  hundred  inhabitants;  and  common  school 
land:;  in  fractional  townships  may  be  sold  when  the  number  of 
inhabitants  and  the  number  of  acres  are  in  the  ratio  of  two 
hundred  to  six  hundred  and  forty,  but  not  before. 


76 

§  9.  Any  fractional  township  not  having  the  requisite  num- 
ber of  inhabitants  to  petition  for  the  sale  of  the  school  lands 
therein,  as  provided  in  section  8  of  this  article  of  this  act,  which 
has  not  heretofore  been  united  with  any  other  township,  for 
school  purposes,  and  which  does  not  contain  a  sufficient  num- 
ber of  inhabitants  to  maintain  a  free  school,  is  hereby  attached 
to  the  adjacent  congressional  township  having  the  longest  ter- 
ritorial line  bordering  on  such  fractional  township,  for  school 
purposes,  and  all  the  provisions  of  this  act  shall  apply  to  such 
united  townships,  the  same  as  though  they  were  one  and  the 
same  township. 

§  10.  When  the  petition  and  affidavits  are  delivered  to  the 
county  superintendent,  as  aforesaid,  he  shall  notify  the  trus- 
tees of  said  township  thereof,  and  said  '  trustees  shall  immedi- 
ately proceed  to  divide  the  land  into  tracts  or  lots,  of  such 
form  and  quantity  as  will  produce  the  largest  amount  of  money. 

§  11.  '  After  making  the  division  required  by  the  foregoing- 
section,  said  trustees  shall  cause  a  correct  plat  of  the  same  to 
be  made,  representing  all  divisions,  with  each  lot  numbered  and 
defined,  so  that  its  boundaries  may  be  forever  ascertained. 

§  12.  In  subdividing  said  common  school  lands  for  sale,  no 
lot  shall  contain  more  than  80  acres,  and  the  division  may  be 
made  into  town  or  village  lots,  with  roads,  streets  or  alleys 
between  them  and  through  the  same;  and  all  such  divisions, 
with  all  similar  divisions  hereafter  made,  are  hereby  declared 
legal,  and  all  such  roads,  streets  and  alleys,  .public  highways. 

£13.  After  such  division  into  lots  has  been  made  and  platted, 
the  trustees  of  schools  shall  fix  a  value  on  each  lot,  having  re- 
gard to  the  terms  of  sale,  certify  to  the  correctness  of  the  plat, 
stating  the  value  of  each  lot  per  acre,  or  per  lot  if  less  than 
one  acre,  and  referring  to  and  describing  the  lot  in  the  certifi- 
cate, so  as  fully  and  clearly  to  distinguish,  and  identify  each 
lot;  which  plats  and  certificate  shall  be  delivered  to  the  county 
superintendent,  and  shall  govern  him  in  advertising  and  selling 
such  lands. 

§  14.  Upon  the  reception  by  the  county  superintendent  of  the 
plat  and  certificate  of  valuation  from  the  trustees,  he  shall  pro- 
ceed to  advertise  the  said  land  for  sale  in  lots  as  divided  and 
laid  off  by  said  trustees,  by  posting  notices  thereof  in  at  least 
six  (6)  public  places  in  the  county,  forty  days  before  the  day 
of  sale,  describing  the  land  and  stating  the  time,  place  and 
terms  of  sale;  and  if  any  newspaper  is  published  in  said  county, 
said  advertisement  shall  be  printed  therein,  for  four  weeks  before 
the  day  of  sale;  if  no  newspaper  is  published  in  said  county, 
then  such  land  may  be  sold  under  the  notice  aforesaid,  which 
notice  may  be  in  the  following  form,  viz. : 

SALE  OF  SCHOOL  LAND. 

Public  notice  is  hereby  given  that  on  the day  of A.  D. 

18 ,  between  the  hours  of  ten  o'clock  A.  M.  and  six  o'clock  P.  M.,  the 

undersigned  superintendent  of  schools  of county,  will  sell  at 


public  yendue  to  the  highest  bidder,  at  the door  of  the  court 

house,  in ,  (or  on  the  premises)  the  following  described  real 

estate,  the  same  being  a  part  of  the  school  lands  of  township  No 

range  No ,  as  divided  and  platted  by  the  trustees  of  schools  of 

said  township,  to-wit:  (Here  insert  full  and  complete  description  of  said 
premises).  Said  lands  will  be  sold  for  cash  in  hand  with  the  privilege  to 
any  purchaser  of  borrowing  from  the  undersigned,  the  whole  or  any  part 
of  the  amount  of  his  bid,  for  not  less  than  one  nor  more  than  five  years, 
upon  his  paying  interest  and  giving  security  as  required  in  case  of  a  loan 
obtained  from  the  township  school  fund. 

Dated  this day  of A.  D.. 


County  Superintendent, 

County. 

§  15.  The  place  of  selling  common  school  lands  shall  be  at 
the  court  house  of  the  county  in  which  the  lands  are  situated; 
or  the  trustees  of  schools  may  direct  the  sale  to  be  made  on 
the  premises. 

§  16.  The  terms  of  selling  common  school  lands  shall  be  to 
the  highest  bidder  for  cash,  with  the  privilege  to  each  pur- 
chaser of  borrowing  from  the  county  superintendent  the  amount 
or  any  part  of  the  amount  of  his  bid,  for  any  period  of  not  less 
than  one  year  nor  more  than  five  years,  upon  his  paying  inter- 
est and  giving  security,  as  in  case  of  money  loaned  by  a  town- 
ship treasurer  as  provided  in  this  act. 

§  1 7.  Upon  the  day  appointed  for  such  sale,  the  county  super- 
intendent shall  proceed  to  make  sales  as  follows,  viz. :  He  shall 
begin  at  the  lowest  numbered  lot  and  proceed  regularly  to  the 
highest  numbered,  till  all  are  sold  or  offered.  No  lot  shall  be 
sold  for  less  than  its  valuation  by  the  trustees.  Said  sale  shall 
be  made  between  the  hours  of  ten  o'clock  A.  M.  and  six  o'clock 
P.  M.,  and  may  continue  from  day  to  day.  The  lots  shall  be 
cried  separately,  and  each  lot  cried  long  enough  to  enable  any 
person  present  to  bid  who  desires  to  bid. 

§  18.  Upon  closing  the  sales  each  day,  the  purchasers  shall 
each  pay,  or  secure  the  payment  of  the  purchase  money,  accord- 
ing to  the  terms  of  sale;  or  in  case  of  his  failure  to  do  so  by 
ten  o'clock  the  succeeding  day,  the  lot  purchased  shall  again  be 
offered  at  public  sale,  on  the  same  terms  as  before,  and  if  the 
valuation  or  more  shall  be  bid,  shall  be  stricken  off ;  but  if  the 
valuation  be  not  bid,  the  lot  shall  be  set  down  as  not  sold. 
If  the  sale  is  or  is  not  made,  the  former  purchaser  shall  be  re- 
quired to  pay  the  difference  between  his  bid  and  the  valuation  • 
of  the  lot,  and  in  case  of  his  failing  to  make  such  payment,  the 
county  superintendent  may  forthwith  institute  an  action  of  debt 
or  assumpsit  in  his  name,  as  superintendent,  for  the  use  of  the 
inhabitants  of  the  township  where  the  land  lies,  for  the  required 
sum;  and  upon  making  proof,  shall  be  entitled  to  judgment, 
with  costs  of  suit;  which,  when  collected,  shall  be  added  to  the 
principal  of  the  township  fund.  If  the  sum  claimed  does  not  ex- 
ceed two  hundred  dollars,  the  suit  may  be  commenced  before  a 


78 

justice  of  the  peace;  if  the  sum  demanded  exceeds  two  hundred 
dollars,  then  suit  may  be  brought  in  the  circuit  court  of  any 
county  wherein  the  party  may  be  found. 

§  19.  All  lands  not  sold  at  public  sale,  as  herein  provided 
for,  shall  be  subject  to  sale  at  any  time  thereafter,  at  the  valua- 
tion; and  the  county  superintendents  are  authorized  and  re- 
quired, when  in  their  power,  to  sell  all  such  lands  at  private 
sale,  upon  the  terms  at  which  they  were  offered  at  public  sale. 

§  20.  In  all  cases  where  common  school  lands  have  been 
heretofore  valued,  and  have  remained  unsold  for  two  years, 
.after  having  been  offered  for  sale,  or  shall  hereafter  remain 
unsold  for  that  length  of  time,  after  being  valued  and  offered 
for  sale,  in  conformity  to  this  act,  the  trustees  of  schools  where 
such  lands  are  situated  may  vacate  the  valuation  thereof  by 
an  order  to  be  entered  in  book  A  of  the  county  superintendent, 
and  cause  a  new  valuation  to  be  made,  if,  in  their  opinion,  the 
interests  of  the  township  will  be  promoted  thereby.  They  shall 
make  said  second  valuation  in  the  same  manner  as  the  first 
was  made,  and  shall  deliver  to  the  county  superintendent  a  plat 
of  such  second  valuation,  with  the  order  of  vacation,  to  be 
entered,  as  aforesaid;  whereupon,  said  county  superintendent 
shall  proceed  to  sell  said  lands  in  all  respects,  as  if  no  former 
valuation  had  been  made:  Provided,  that  the  second  valuation 
may  be  made  by  the  trustees  of  schools,  without  petition,  as 
provided  in  this  act  for  the  first  valuation. 

§  21.  Upon  the  completion  of  every  sale  by  the  purchaser, 
the  county  superintendent  shall  enter  the  same  in  book  B,  and 
shall  deliver  to  the  purchaser  a  certificate  of  purchase,  stating 
therein  the  name  and  residence  of  the  purchaser,  describing  the 
land  and  the  price  paid  therefor,  which  certificate  shall  be 
evidence  of  the  facts  therein  stated. 

§  22.  At  the  first  regular  term  of  the  county  board  in  each 
year,  the  county  superintendent  shall  present  to  the  county  board 
of  his  county,  a  statement  showing  the  sales  of  school  lands 
made  subsequent  to  the  first  regular  term  of  the  previous  year, 
which  shall  be  a  true  copy  of  the  sale  book  (book  B). 

§  23.  The  county  superintendent  shall,  also  at  the  time  afore- 
said, transmit  to  the  Auditor  of  Public  Accounts  a  full  and 
exact  transcript  from  book  B  of  all  the  sales  made  subsequent 
to  each  report.  The  statement  required  to  be  presented  to  the 
county  board  shall  be  preserved  and  copied  by  the  clerk  of 
said  board  into  a  well-bound  book  kept  for  that  purpose;  and  the 
list  transmitted  to  the  Auditor  shall  be  filed,  copied  and  pre- 
served in  like  manner. 

§  24.  Every  purchaser  of  common  school  lands  shall  be  en- 
titled to  a  patent  from  the  State,  conveying  and  assuring  the 
title.  Patents  shall  be  made  out  by  the  Auditor,  from  returns 
made  to  him  by  the  county  superintendent.  They  shall  contain 
a  description  of  the  land  granted,  and  shall  be  in  the  name  of 
and  signed  by  the  Governor,  countersigned  by  the  Auditor,  with 


79 

the  great  seal  of  the  State  affixed  thereto  by  the  Secretary  of 
State,  and  shall  operate  to  vest  in  the  purchaser  a  perfect 
title  in  fee  simple.  When  patents  are  executed  as  herein  required, 
the  Auditor  shall  note  on  the  list  of  sales  the  date  of  each  pa- 
tent, in  such  manner  as  to  perpetuate  the  evidence  of  its  date 
and  delivery,  and  thereupon  transmit  the  same  to  the  county 
superintendent  of  the  proper  county,  to  be  by  him  delivered  to 
the  patentee,  his  heirs  or  assigns  upon  the  return  of  the  origi- 
nal certificate  of  purchase,  which  certificate,  when  returned,  shall 
be  filed  and  preserved  by  the  county  superintendent;  and  all  such 
patents,  heretofore  or  hereafter  so  issued,  by  the  State  for 
school  lands,  or  duly  certified  copies  thereof  from  any  record 
legally  made,  shall,  after  the  lapse  of  ten  years  from  the  date 
of  such  patent,  and  such  sale  having  been  acquiesced  in  for  ten 
years  by  the  inhabitants  of  the  township  in  which  the  land  so 
conveyed  may  be  situated,  be  conclusive  evidence  as  to  the 
legality  of  the  sale,  and  that  the  title  to  such  land  was,  at  the 
date  of  the  patent,  legally  vested  in  the  patentee. 

§  25.  Purchasers  of  common  school  lands,  and  their  heirs  and 
assigns,  may  obtain  duplicate  copies  of  their  certificates  of  pur- 
chase and  patents,  upon  filing  affidavit  with  the  county  super- 
intendent in  respect  to  certificates,  and  with  the  Auditor  in 
respect  to  patents,  proving  the  loss  or  destruction  of  the 
originals;  and  such  copies  shall  have  the  force  and  effect  of 
originals. 

§  26.  When  any  real  estate  shall  have  been  taken  for  any 
debts  due  to  any  school  fund,  the  title  to  which  real  estate  has 
become  vested  in  any  county  superintendent  for  the  use  of  the 
inhabitants  of  one  or  more  townships  or  of  the  county,  the 
county  superintendent  may  lease  or  sell  such  real  estate  for  the 
benefit  of  such  township  or  townships,  or  of  the  county,  as  pro 
vided  for  in  section  37  of  article  III  of  this  act,  regulating  the 
leasing  and  sales  of  lands  by  school  trustees :  Provided,  that  in 
case  the  real  estate  be  held  for  the  benefit  of  any  township  or 
townships,  it  shall  not  be  sold  except  upon  the  written  request 
of  the  school  trustees  of  said  township  or  townships.  The  said 
county  superintendent  is  hereby  authorized  to  execute  convey- 
ances of  such  real  estate  to  the  purchasers  when  so  sold. 

g  27.  The  trustees  of  schools  in  any  township  are  hereby 
authorized  and  empowered,  in  their  corporate  capacity,  to  lay 
out  and  dedicate  to  the  public  use,  for  street  and  highway  pur- 
poses, so  much  of  the  common  school  lands,  which  is  unim- 
proved or  unoccupied  with  buildings,  as  may  be  necessary 
to  open  or  extend  any  street  or  highway  which  may  be  or- 
dered opened  or  extended  by  the  municipal  authorities,  which 
are  by  law  empowered  to  open  or  extend  streets  or  highways 
in  the  territory  where  said  school  lands  are  located:  Provided, 
that  said  trustees  of  schools  shall  be  of  the  opinion  that  the 
benefits  to  accrue  from  the  opening  or  extending  of  said  street 
or  highway,  to  the  remainder  of  said  common  school  lands,  will 
compensate  for  the  strip  so  dedicated:  And,  provided  further, 


80 

that  it  shall  not  be  lawful  for  any  street  or  other  railroad  to 
lay  down  railroad'  tracks  on  any  strip  of  the  common  school 
lands  so  dedicated,  or  use  the  same  or  any  part  of  the  common 
school  lands  for  railroad  or  street  railroad  purposes,  except 
upon  the  purchase  or  lease  of  the  same  from  the  proper  authori- 
ties, or  upon  the  payment  to  the  school  fund  of  said  township 
of  the  value  of  such  use  or  land  taken,  the  same  as  if  no  street 
or  highway  had  been  laid  out  thereon,  to  be  determined  by  pro- 
ceedings under  an  act  entitled  "An  act  to  provide  for  the  ex- 
ercise of  the  right  of  eminent  domain,"  approved  April  10,  1872, 
and  all  amendments  thereto:  And,  provided  further,  that  this 
section  shall  not  in  any  way  affect  existing  leases  or  contracts 
for  the  lease  or  purchase  of  common  school  lands. 

ARTICLE   XIV. 


FINES   AND   FORFEITURES. 


1.  Paid  to  county  superintendent. 

2.  Duties  of  state's  attorneys. 

3.  Duties  of  justices  of  the  peace. 

4.  Report  of  fines;    affidavit;    penalty   for 

failure  to  report. 


§  5.  Penalty  for  failure  to  pay  over  fines 
collected. 

§  6.  Power  of  the  county  court  to  examine 
records  of  delinquent  officers;  penalty 
for  failure  to  furnish  papers,  etc. 


SECTION  1.  All  fines,  penalties  and  forfeitures  imposed  or  in- 
curred in  any  of  the  courts  of  record,  or  before  any  justice  of 
the  peace  of  the  State,  except  fines,  forfeitures  and  penalties 
incurred  or  imposed  in  incorporated  towns  or  cities  for  the  vio- 
lation of  the  by-laws  or  ordinances  thereof,  shall,  when  col- 
lected, be  paid  to  the  county  superintendent  of  schools  of  the 
county  wherein  such  fines,  penalties  or  forfeitures  have  been 
imposed  or  incurred,  and  the  said  county  superintendent  of 
schools  shall  give  his  receipt  therefor  to  the  person  from  whom 
such  fine,  forfeiture  or  penalty  was  received.  The  said  county 
superintendent  shall  annually  distribute  such  fines,  penalties 
or  forfeitures  in  the  same  manner  as  the  common  school  funds 
of  the  State  are  distributed. 

§  2.  It  shall  be  the  duty  of  the  state's  attorneys  of  the  sev- 
eral counties  to  enforce  the  collection  of  all  fines,  forfeitures 
and  penalties  imposed  or  incurred  in  the  courts  of  record  of 
their  respective  counties,  and  to  pay  the  same  over  to  the 
county  superintendent  of  the  county  wherein  the  same  have 
been  imposed  or  incurred,  retaining  therefrom  the  fees  and 
commissions  allowed  them  by  law. 

§  3.  It  shall  be  the  duty  of  the  justices  of  the  peace  to  en- 
force the  collection  of  all  fines  imposed  by  them,  by  any  lawful 
means;  and,  when  collected,  the  same  shall  be  paid,  by  the  jus- 
tice collecting  the  same,  to  the  county  superintendent  of  the 
county  in  which  the  same  was  imposed. 

§  4.  Clerks  of  courts  of  record,  state's  attorneys  and  all 
justices  of  the  peace  shall  report,  under  oath,  to  the  county  cour,t 
of  their  respective  counties,  by  the  first  of  March,  annually,  the 
amount  of  such  fines,  penalties  and  forfeitures,  imposed  or  in-. 


81 

curred  in  their  respective  courts,  and  the  amount  of  such  fines, 
forfeitures  and  penalties  collected  by  them,  giving  each  article 
separately,  and  if  any  such  officer  has  collected  no  such  fines, 
penalties  or  forfeitures,  he  shall  make  affidavit  to  such  fact, 
and  file  the  same  with  the  county  superintendent.  The  judges 
of  the  county  court  shall  inspect  the  said  reports,  and  may 
hear  evidence  thereon,  and,  if  found  correct  and  truthful,  shall 
enter  an  order  approving  such  report,  and  that  any  moneys  in 
the  hands  of  such  officers  so  reporting  shall  be  paid  over  to  the 
superintendent  of  schools.  If  the  court  shall  not  approve  of 
such  report,  he  may  order  a  new  one  to  be  made,  and,  upon  failure 
to  comply  with  the  order  of  the  court,  or  to  make  a  satisfactory 
report,  the  court  may  state  an  account  and  enter  an  order 
to  pay  over  as  above  provided.  The  court,  for  all  purposes  for 
carrying  out  the  provisions  of  this  section,  shall  have  power  to 
examine  books  and  papers,  as  provided  hereinafter  in  section  6 
of  this  article,  and  shall  have  power  to  issue  subpoenas  for  both 
books  and  persons:  Provided,  that  no  report  shall  be  approved 
until  the  court  shall  have  given  the  superintendent  five  (5)  days' 
notice  of  the  same,  and  he  shall  be  allowed  to  inspect  said  re- 
port, and  he  shall  be  heard  by  the  court  upon  the  same  if  he 
desire;  and  the  officers  charged  with  the  collection  thereof  (the 
said  clerks,  State's  attorneys  and  justices  of  the  peace),  for  a 
failure  to  make  such  a  report,  shall  be  liable  to  a  fine  of  twenty- 
five  dollars  ($25)  for  each  offense,  said  fine  to  be  recovered  in 
a  civil  action,  before  any  court,  at  the  suit  of  the  county  super- 
intendent of  schools  of  the  proper  county. 

§  5.  For  a  failure  to  pay  any  fine,  forfeiture  or  penalty,  on 
demand,  to  the  person  who  is  by  law  authorized  to  receive  the 
same,  the  officer  or  person  having  collected  the  same,  or  having 
the  same  in  his  possession  or  control,  shall  forfeit  and  pay 
double  the  amount  of  such  fine,  penalty  or  forfeiture  as  afore- 
said, to  be  recovered  before  any  court  having  jurisdiction  thereof, 
in  a  qui  tarn  action,  one-half  to  be  paid  to  the  informer,  and 
one -half  to  the  school  fund  of  the  proper  county. 

§  6.  In  case  that  any  clerk  of  a  court  of  record,  State's  at- 
torney or  justice  of  the  peace  shall  fail  to  make  the  report  pro- 
vided for  in  section  4  of  this  article,  the  county  court  shall  have 
power,  and  it  is  hereby  made  the  duty  of  the  judge  of  said 
court,  to  examine  all  records  pertaining  to  the  office  of  such 
delinquent  officer,  and  enforce  the  payment  of  whatever  sum 
may  be  found  due  the  school  fund  from  such  delinquent  officer. 
For  the  purpose  of  making  such  examination,  the  said  county 
court  shall  have  the  right  to  call  for  any  paper  or  papers, 
docket,  fee-book,  or  other  record  belonging  to  the  office  of  such 
delinquent  officer;  and  in  case  such  delinquent  officer  fails  or 
refuses  to  furnish  such  paper,  docket,  fee -book,  or  other  record, 
for  the  inspection  or  use  of  such  county  court,  he  shall  forfeit, 
and  pay  to  the  school  fund,  the  sum  of  one  hundred  dollars 
($100),  to  be  recovered  in  an  action  of  debt  or  assumpsit, 

-6  S. 


82 

before  any  court  of  this  State  having  jurisdiction  of  the  actions 
of  debt  and  assumpsit,  and  such  penalty,  when  collected,  shall 
be  paid  into  the  school  fund  of  the  proper  county. 


ARTICLE  XV. 


FJ ABILITY   OF   SCHOOL  OFFICERS. 


§    8.     Real  estate  of  school  officers  holden. 

§  9.  Failure  of  trustees  to  make  returns  of 
children. 

§  10.  Failure  of  school  officers  to  furnish  sta- 
tistics. 

§  11.  School  officers  responsible  for  loss  of 
funds. 

§  12.  Forbidden  to  pervert  funds  to  sectarian 
purposes. 

§13.  Interest  in  sale  of  school  books, etc.. for- 
bidden. 

§  14.  Penalty  for  excluding  colored  children 
from  school. 


§  1.  Of  trustees  for  failure  to  take  action  re- 
garding the  insufficiency  of  township 
securities. 

§  2.  Of  judges  of  election  for  failure  to  deliver 
poll-book  and  certificates. 

§  3.  Of  boards  of  directors  for  failure  to  de- 
liver schedules. 

§  4.  Of  township  treasurer  for  failure  to  per- 
form his  duties 

§  5.  Of  the  bondsmen  or  legal  representatives 
of  township  treasurer  to  turn  over 
bonds,  etc., to  successor. 

§  6.  Liable  to  indictment  and  imprisonment 
for  conversion  of  funds. 

§  7.  Trustees  liable  for  securities  of  township 
treasurer;  exception. 

SECTION  1.  Whenever  the  county  superintendent  of  schools  of 
any  county  shall  notify  the  board  of  trustees  of  any  township, 
in  writing,  that  the  notes,  bonds,  mortgages,  or  other  evidences 
of  indebtedness  which  have  been  taken  officially  by  the  township 
treasurer,  are  not  in  proper  form,  or  that  the  securities  which 
the  said  township  treasurer  has  taken  are  insufficient,  it  shall 
be  the  duty  of  the  said  board  of  trustees  at  once  to  take  such 
action  as  may  be  necessary  to  save  and  protect  the  property 
or  funds  of  the  districts  and  the  township;  and  for  a  failure  or 
refusal  to  take  such  action  within  twenty  (20)  days  after  such 
notice,  the  members  of  the  board,  each  in  his  individual  capac- 
ity, shall  be  liable  to  a  fine  of  not  less  than  twenty-five  (25) 
nor  more  than  one  hundred  dollars  ($100),  to  be  recovered  be- 
fore any  justice  of  the  peace,  on  information,  in  the  name  of 
the  People  of  the  State  of  Illinois  (provided  such  insufficiency 
is  proven),  and,  when-  collected,  the  said  fine  shall  be  paid  to 
the  county  superintendent  of  the  proper  county,  for  the  use  of 
schools.  And  the  payment  of  this  fine  shall  not  relieve  the 
board  of  trustees  from  any  civil  liability  they  may  have  incurred 
from  such  neglect  of  duty. 

§  2.  If  the  judges  of  any  school  election  called  for  any  legal 
purpose  shall  fail  or  neglect  to  deliver  a  copy  of  the  poll-book 
of  any  such  election,  with  a  certificate  thereon  showing  the  re- 
sult of  such  election,  to  the  officer  provided  by  law  to  whom 
such  return  shall  be  made,  within  ten  days  after  such  election 
shall  have  been  held,  the  said  judges  of  election  shall  be  sever- 
ally liable  to  a  penalty  of  not  less  than  twenty-five  dollars 
($25)  nor  more  than  one  hundred  dollars  ($100),  to  be  recov- 
ered in  the  name  of  the  People  of  the  State  of  Illinois,  by  an 


83 

action  of  debt  before  any  justice  of  the  peace  of  the  county; 
which  penalty,  when  collected,  shall  be  paid  into  the  school 
fund  of  the  township  in  which  such  election  was  held. 

§  3.  It  shall  be  the  duty  of  the  board  of  directors  of  every 
school  district  in  this  State,  to  deliver  to  the  township  treas- 
urer all  teachers'  schedules  made  and  certified  as  required  by 
law,  and  covering  all  time  taught  during  the  school  year  end- 
ing June  30th,  on  or  before  the  7th  day  of  July,  annually;  and 
the  directors  shall  be  personally  liable  to  the  district  for  any 
and  all  loss  sustained  by  it  through  their  failure  to  examine 
and  deliver  to  the  said  township  treasurer  all  such  schedules 
within  the  said  time. 

§  4.  For  any  failure  or  refusal  to  perform  all  the  duties  re- 
quired of  the  township  treasurer  by  law,  he  shall  be  liable  to 
the  board  of  trustees,  upon  his  official  bond,  for  all  damages 
sustained  by  reason  of  such  failure  or  refusal,  to  be  recovered 
by  action  of  debt  by  said  board,  in  their  corporate  name,  for 
the  use  of  the  proper  township,  before  any  court  having  juris- 
diction of  the  amount  of  damages  claimed;  but  if  the  said 
treasurer,  in  any  such  failure  or  refusal,  acted  under  and  in 
conformity  to  a  requisition  or  order  of  said  board,  or  a  major- 
ity of  them,  entered  upon  their  journal  and  subscribed  by  their 
president  and  clerk,  then,  in  that  case,  the  members  of  said 
board  aforesaid,  or  those  of  them  voting  for  such  requisition  or 
order  aforesaid,  and  not  the  said  township  treasurer,  shall  be 
liable,  jointly  and  severally,  to  the  inhabitants  of  the  township 
for  all  such  damages,  to  be  recovered  by  an  action  of  assump- 
sit  in  a  suit  brought  in  the  official  name  of  the  county  super- 
intendent of  schools,  for  the  use  of  the  proper  township:  Pro- 
vided, said  treasurer  shall  be  liable  for  any  loss  not  collected1 
by  reason  of  the  insolvency  of  said  trustees. 

§  5.  When  a  township  treasurer  shall  resign  or  be  removed, 
and  at  the  expiration  of  his  term  of  office,  he  shall  pay  over 
to  his  successor  in  office,  when  appointed,  all  money  on  hand, 
and  deliver  over  all  books,  notes,  bonds,  mortgages,  and  all 
other  securities  for  money,  and  all  papers  and  documents  of 
every  description  in  which  the  corporation  has  any  interest  what- 
ever; and  in  case  of  the  death  of  the  township  treasurer,  his  se- 
curities and  legal  representatives  shall  be  bound  to  comply  with 
the  requisitions  of  this  section  so  far  as  the  said  securities  and 
legal  representatives  may  have  the  power  so  to  do.  And  for 
any  failure  to  comply  with  the  requisitions  of  this  section,  the 
persons  neglecting  or  refusing  shall  be  liable  to  a  penalty  of 
not  less  than  ten  (10)  nor  more  than  one  hundred  dollars 
($100),  at  the  discretion  of  the  court  before  which,  judgment 
may  be  obtained,  to  be  recovered  in  an  action  of  debt  before 
any  justice  of  the  peace,  for  the  benefit  of  the  school  fund  of  such 
township:  Provided,  that  the  obtaining  or  payment  of  such 
judgment  shall  in  no  wise  discharge  or  diminish  the  obliga- 
tion of  the  persons  signing  the  official  bond  of  such  township 
treasurer. 


84 

§  6.  If  any  county  superintendent,  trustee  of  schools,  town- 
ship treasurer,  director  or  any  other  person  entrusted  with  the 
care,  control,  management  or  disposition  of  any  school,  college ,. 
seminary  or  township  fund  for  the  use  of  any  county,  town- 
ship, district  or  school,  shall  convert  such  funds,  or  any  part 
thereof,  to  his  own  use,  he  shall  be  liable  to  indictment;  and 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  double  the  amount  of  money  converted  to  his  own  use, 
and  imprisoned  in  the  county  jail  not  less  than  one  nor  more 
than  twelve  months,  at  the  discretion  of  the  court. 

§  7.  Trustees  of  schools  shall  be  liable,  jointly  and  several- 
ly, for  the  sufficiency  of  securities  taken  from  township  treas- 
urers; and  in  case  of  judgment  against  any  treasurer  and  his 
securities  for  or  on  account  of  any  default  of  such  treasurer  on 
which  the  money  shall  not  be  made  for  want  of  sufficient  prop- 
erty whereon  to  levy  execution,  action  on  the  case  may  be  main- 
tained against  said  trustees,  jointly  and  severally,  and  the 
amount  not  collected  on  said  judgment  shall  be  recovered  with 
costs  of  suit  from  such  trustees:  Provided,  that  if  said  trustees 
can  show,  satisfactorily,  that  the  security  taken  from  the 
treasurer,  as  aforesaid,  was,  at  the  time  of  said  taking,  good 
and  sufficient,  they  shall  not  be  liable  as  aforesaid. 

§  8.  The  real  estate  of  county  superintendents,  of  township 
treasurers,  and  all  other  school  officers,  and  of  the  securities 
of  each  of  them  shall  be  bound  for  the  satisfaction  "and  pay- 
ment of  all  claims  and  demands  against  said  superintendents 
and  treasurers,  and  other  school  officers  as  such  from  the  date 
of  issuing  process  against  them,  in  actions  or  suits  brought  to 
recover  such  claims  or  demands  until  satisfaction  thereof  be 
obtained;  and  no  sale  or  alienation  of  real  estate,  by  any  super- 
intendent, treasurer  or  other  officer  or 'security  aforesaid,  shall 
defeat  the  lien  created  by  this  section;  but  all  and  singular 
such  real  estate  held,  owned  or  claimed,  as  aforesaid,  shall  be 
liable  to  be  sold  in  satisfaction  of  any  judgment  which  may  be 
obtained  in  such  actions  or  suits. 

§  9.  Trustees  of  schools,  or  either  of  them,  failing  or  re- 
fusing to  make  returns  of  children  in  their  township  according 
to  the  provisions  of  this  act,  or  if  either  of  them  shall  know- 
ingly make  a  false  return,  the  party  so  offending  shall  be 
liable  to  a  penalty  of  not  less  than  ten  dollars  ($10)  nor  more 
than  one  hundred  dollars  ($100),  to  be  recovered  by  an  action 
of  assumpsit,  before  any  justice  of  the  peace  of  the  county; 
which  penalty,  when  collected,  shall  be  added  to  the  township 
school  fund  of  the  township  in  which  said  trustees  reside. 

§  10.  If  any  county  superintendent,  director  or  trustee,  or 
either  of  them,  or  other  officer  whose  duty  it  is,  shall  negligently 
or  willfully  fail  or  refuse  to  make,  furnish  or  communicate  the 
statistics  and  information,  or  shall  fail  to  discharge  the  duties 
enjoined  upon  them  or  either  of  them,  at  the  time  and  in  the 


85 

"manner  required  by  the  provisions  of  this  act,  such  delinquent 
or  party  offending  shall  be  liable  to  a  fine  of  not  less  than 
twenty-five  dollars  ($25),  to  be  recovered  before  any  justice  of 
the  peace  at  the  suit  of  any  person,  on  information  in  the 
name  of  the  People  of  the  State  of  Illinois,  and  when  collected, 
the  said  fine  shall  be  paid  to  the  county  superintendent  of  the 
proper  county  for  the  use  of  the  school  fund. 

§  11.  County  superintendents,  trustees  of  schools,  directors 
and  township  treasurers,  or  either  of  them,  or  any  other  officer 
having  charge  of  school  funds  or  property,  shall  be  pecuniarily 
responsible  for  all  losses  sustained  by  any  county,  township  or 
school  fund,  by  reason  of  any  failure  on  his  or  their  part  to 
perform  the  duties  required  of  him  or  them  by  the  provisions 
of  this  act;  or  by  any  rule  or  regulation  authorized  to  be  made 
by  the  provisions  of  this  act;  and  each  and  every  one  of  the 
officers  aforesaid  shall  be  liable  for  any  such  loss  sustained  as 
aforesaid,  and  the  amount  of  such  loss  may  be  recovered  in  a 
civil  action  brought  in  any  court  having  jurisdiction  thereof,  at 
the  suit  of  the  State  of  Illinois,  for  the  use  of  the  county, 
township  or  fund  injured;  the  amount  of  the  judgment  obtained 
in  such  suit  shall,  when  collected,  be  paid  to  the  proper  officer 
for  the  benefit  of  the  said  county,  township  or  fund  injured. 

§  12.  No  county,  city,  town,  township,  school  district  or 
other  public  corporation  shall  ever  make  any  appropriation,  or 
pay  from  any  school  fund  whatever,  anything  in  aid  of  any 
church  or  sectarian  purpose,  or  to  help  support  or  sustain  any 
school,  academy,  seminary,  college,  university  or  other  literary 
or  scientific  institution  controlled  by  any  church  or  sectarian 
denomination  whatever;  nor  shall  any  grant  or  donation  of 
money,  or  other  personal  property,  ever  be  made  by  any  such 
corporation  to  any  church  or  for  any  sectarian  purpose;  and 
any  officer  or  other  person  having  under  his  charge  or  direction 
school  funds  or  property,  who  shall  pervert  the  same  in  the 
manner  forbidden  in  this  section,  shall  be  liable  to  indictment, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  double  the  value  of  the  property  so  perverted,  and  im- 
prisoned in  the  county  jail  not  less  than  one  (1)  nor  more  than 
twelve  (12)  months,  at  the  discretion  of  the  court. 

§  13.  No  teacher,  state,  county,  township  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any 
book,  apparatus  or  furniture  used,  or  to  be  used,  in  any  school 
in  this  State  with  which  such  officer  or  teacher  may  be  con- 
nected; and  for  offending  against  the  provisions  of  this  section 
such  teacher,  state,  county,  township  or  district  school  officer 
shall  be  liable  to  indictment,  and  upon  conviction  shall  be  fined 
in  a  sum  not  less  than  twenty-five  dollars  ($25)  nor  more  than 
five  hundred  dollars  ($500),  and  may  be  imprisoned  in  the 
Bounty  jail  not  less  than  one  (1)  month  nor  more  than  twelve 
(12)  months,  at  the  discretion  of  the  court. 


86 

§  14.  Any  school  officer  or  officers,  or  any  other  person,  who 
shall  exclude  or  aid  in  ;the  exclusion  from  the  public  schools,  of 
any  child  who  is  entitled  to  the  benefits  of  such  school,  on  ac- 
count of  such  child's  color,  shall  be  fined,  upon  ponviction,  in 
any  sum  not  , less  than  five  dollars  ($5),  nor  more  than  one 
hundred  dollars  ($100)  each,  for  every  such  offense. 


ARTICLE  XVI. 


MISCELLANEOUS. 


§    5. 


I 


Costs  of  suits    not   to    be    charged  to 

school  fund. 

Eligibility  of  women  to  school  offices. 
Bonds  of  women  holding  school  offices. 
Colored  children  may  not  be  excluded 

from  school. 
Penalty    for    preventing    children    from 

attending  school. 

Payment  ot  funds  to  township  treasurer. 
Reports  and  rate  of  taxation  under  spe- 
cial charters. 


§  10. 


Educational  institutions  to  report  to 
State  Superintendent. 

Judgment  and  executions  against  boards 
of  trustees  and  directors. 

No  compensation  allowed  to  trustees, 
directors,  etc.;  exemption  from  road 
labor,  etc. 

School  officers  to  hold  until  their  suc- 
cessors are  qualified. 

Former  acts  repealed. 

Emergency  clause. 


SECTION  1.  No  justice  of  the  peace,  constable,  clerk  of  any 
court,  sheriff  or  coroner  shall  charge  any  costs  in  any  suit 
where  any  school  officer,  school  corporation  or  any  agent  of  any 
school  fund,  suing  for  the  recovery  of  the  same,  or  any  interest 
due  thereon,  is  plaintiff  and  shall  be  unsuccessful  in  such  suit; 
nor  where  the  costs  can  not  be  recovered  from  the  defendant 
by  reason  of  the  insolvency  of  such  defendant. 

§  2.  Any  woman,  married  or  single,  of  the  age  of  twenty- 
one  years  and  upwards,  and  possessing  the  qualifications  pre- 
scribed for  the  office,  shall  be  eligible  to  any  office  under  the 
general  or  special  school  laws  of  this  State. 

§  3.  Any  woman  elected  or  appointed  to  any  office  under  the 
provisions  of  this  act,  before  she  enters  upon  the  discharge  of 
the  duties  of  the  office,  shall  qualify  and  give  the  bond  required 
by  law  (if  a  bond  is  required),  and  such  bond  shall  be  binding 
upon  her  and  her  securities. 

§  4.  All  boards  of  school  directors,  boards  of  education,  or 
school  officers,  whose  duty  it  now  is,  or  may  be  hereafter  to 
provide,  in  their  respective  jurisdictions,  schools  for  the  educa- 
tion of  all  children  between  the  ages  of  six  and  twenty-one 
years,  are  prohibited  from  the  excluding,  directly  or  indirectly, 
any  such  child  from  such  school  on  account  of  the  color  of 
such  child. 

§  5.  Any  person  who  shall,  by  threats,  menace  or  intimida- 
tion, prevent  any  child  entitled  to  attend  a  public  school  in  this 
State  from  attending  such  school  shall,  upon  conviction,  be 
fined  in  any  sum  not  exceeding  twenty-five  dollars  ($25.00). 

§  6.  It  shall  be  the  duty  of  the  county  treasurer sy  county 
superintendents  of  schools,  township  collectors,  and  all  other 


87 

persons  paying  money  into  the  hands  of  township  school  treas- 
urers, for  school  purposes,  on  or  before  the  30th  day  of  Septem- 
ber of  each  year,  to  notify  in  writing  the  presidents  of  boards 
of  school  trustees,  and  the  clerks  of  the  boards  of  school  direc- 
tors, of  the  amount  paid  into  the  township  treasurer's  hands, 
and  the  date  of  payment. 

§  7.  This  act  shall  not  be  so  construed  as  to  repeal  or 
cliange,  in  any  respect,  any  special  acts  in  relation  to  schools 
in  cities  having  less  than  100,000  inhabitants,  or  incorporated 
towns,  townships  or  districts  (except  that  in  every  such  city, 
town,  township  or  district  the  limit  of  taxation  for  educational 
and  building  purposes  shall  be  the  same  as  that  fixed  in  section 
one,  article  eight,  of  this  act);  and  except  that  it  shall  be  the 
duty  of  the  several  boards  of  education  or  other  officers  of  any 
city  or  incorporated  town,  township  or  district,  having  in  charge 
schools  under  the  provision  of  any  of  said  special  acts,  or  of 
any  ordinance  of  any  city  or  incorporated  town,  on  or  before 
the  15th  day  of  July  preceding  each  session  of  the  General  As- 
sembly of  this  State,  or  annually,  if  required  so  to  do  by  the 
State  Superintendent  of  Public  Instruction,  to  make  out  and 
render  a  statement  of  all  such  statistics  and  other  information 
in  regard  to  schools  and  the  enumeration  of  persons,  as-  is  re- 
quired to  be  communicated  by  township  boards  of  trustees  or 
directors,  under  the  provisions  of  this  act,  or  so  much  thereof 
as  may  be  applicable  to  said  city  or  incorporated  town,  to  the 
county  superintendent  of  the  county  where  such  city  or  incor- 
porated town  is  situated,  or  of  the  county  in  which  the  larger 
part  of  such  city  or  incorporated  town  is  situated;  nor  shall  it 
be  lawful  for  the  county  superintendent,  or  any  other  officer  or 
person  to  pay  over  any  portion  of  the  common  school  fund  to 
any  local  treasurer,  school  agent,  clerk,  board  of  education,  or 
other  officer  or  person  of  any  township,  city  or  incorporated 
town,  unless  a  report  of  the  number  of  persons  and  other  sta- 
tistics relative  to  schools,  and  a  statement  of  such  other  infor- 
mation as  is  required  by  the  board  of  trustees  or  of  directors, 
as  aforesaid,  and  of  other  school  officers  and  teachers,  under  the 
provisions  of  this  act,  shall  have  been  filed  at  the  time  or  times 
aforesaid,  specified  in  this  section,  with  the  superintendent  of 
the  proper  county,  as  aforesaid.  [As  amended  by  act  approved 
and  in  force  March  31,  1891. 

§  8.  It  shall  be  the  duty  of  the  president,  principal,  or  other 
proper  officer  of  every  organized  university,  college,  seminary, 
academy,  or  other  literary  institution,  heretofore  incorporated, 
or  hereafter  to  be  incorporated  in  this  State,  to  make  out,  or 
cause  to  be  made  out  and  forwarded  to  the  office  of  the  State 
Superintendent  of  Public  Instruction,  on  or  before  the  first  day 
of  August  in  each  year,  a  report  setting  forth  the  amount  and 
estimated  value  of  real  estate  owned  by  the  corporation,  the 
amount  of  other  funds  and  endowments,  and  the  yearly  income 
from  all  sources,  the  number  of  instructors,  the  number  of 
students  in  the  different  classes,  the  studies  pursued  and  the 


88 

books  used,  the  course  of  instruction,  the  terms  of  tuition,  and 
such  other  matters  as  may  be  specially  requested  by  said  Super- 
intendent, or  as  may  be  deemed  proper  by  the  president  or  prin- 
cipal of  such  institution  to  enable  the  Superintendent  of  Public 
Instruction  to  lay  before  the  Legislature  a  fair  and  full  exhibit 
of  the  affairs  and  conditions  of  said  institutions,  and  of  the 
educational  resources  of  the  State. 

§  9.  If  judgment  shall  be  obtained  against  any  township  board 
of  trustees  or  school  directors,  the  party  entitled  to  the  benefit 
of  such  judgment  may  have  execution  therefor,  as  follows,  to-wit: 
It  shall  be  lawful  for  the  court  in  which  such  judgment  shall  be 
obtained,  or  to  which  such  judgment  may  be  removed  by 
transcript  or  appeal  from  a  justice  of  the  peace,  or  other  court, 
to  issue  thence  a  writ  commanding  the  directors,  trustees  and 
treasurer  of  such  township,  to  cause  the  amount  thereof,  with 
interest  and  costs,  to  be  paid  to  the  party  entitled  to  the  bene- 
fit of  such  judgment;  out  of  any  moneys  unappropriated  of  said 
township  or  district,  or  if  there  be  no  such  moneys,  out  of  the 
first  moneys  applicable  to  the  payment  of  the  kind  of  services 
or  indebtedness  for  which  such  judgment  shall  be  obtained, 
which  shall  be  received  for  the  use  of  such  township  or  district 
and  to  enforce  obedience  to  such  writ  by  attachment,  or  by 
mandamus,  requiring  such  board  to  levy  a  tax  for  the  payment 
of  such  judgment;  and  all  legal  processes,  as  well  as  writs  to 
enforce  payment,  shall  be  served  either  on  the  president  or  clerk 
of  the  board. 

§  10.  Trustees  of  schools,  school  directors,  members  of  boards 
of  education,  or  other  school  officers  performing  like  duties, 
shall  receive  no  pecuniary  compensation,  but  they  shall  be  ex- 
empt from  road  labor  and  from  military  duty  during  their  term 
of  office. 

§  11.  All  school  officers  elected  in  pursuance  of  any  general 
law  now  in  force  shall  hold  their  respective  offices  until  their 
successors  are  elected  and  qualified  under  the  provisions  of  this 
act. 

§  12.  "An  Act  to  establish  and  maintain  a  system  of  free 
schools,"  approved  April  1,  1872;  "An  Act  to  protect  colored 
children  in  their  rights  to  attend  public  schools,"  approved 
March  24,  1874;  "An  Act  to  amend  section  fifty  (50)  of  an  act 
entitled  'An  Act  to  establish  and  maintain  a  system  of  free 
schools,'  approved  April  1,  1872,"  approved  March  30,  1874; 
"An  Act  to  amend  sections  24  and  33  of  an  act  entitled  'An 
Act  to  establish  and  maintain  a  system  of  free  schools,'  ap- 
proved April  1,  1872,"  approved  May  23,  1877;  "An  Act  to 
amend  section  47  of  an  act  to  establish  and  maintain  a  sys- 
tem of  free  schools,  approved  April  1,  1872,"  approved  May  11, 
1877;  "An  act  regulating  the  renting  and  sale  of  school  lands," 
approved  May  25,  1877;  "An  act  to  amend  section  33  of  an 
act  entitled  'An  act  to  amend  sections  24  and  33  of  an  act 
entitled  "An  Act  to  establish  and  maintain  a  system  of  free 


89 

schools,"'  approved  April  1,  1872,  approved  May  23,  1877,  in 
force  July  1,  1877,"  approved  May  31,  1879;  "An  Act  to 
amend  an  act  entitled  'An  Act  to  establish  and  maintain  a  sys- 
tem of  free  schools,'  approved  April  1,  1872,  and  section  forty- 
seven  (47)  of  said  act  as  amended  by  an  act  approved  May 
11.  1877,"  approved  June  3,  1879;  "An  Act  to  amend  sections 
eleven  (11),  twenty-seven  (27),  thirty-three  (33),  thirty-four 
(34),  forty-eight  (48),  fifty-three  (53),  fifty-four  (54)  and  fifty- 
seven  (57)  of  an  act  entitled  'An  Act  to  establish  and  maintain 
a  system  of  free  schools,'  approved  April  1,  1872,  and  in  force 
July  1,  1872,  and  amended  by  an  act  approved  June  3,  1879, 
and  in  force  July  1,  1879,"  approved  May  31,  1881;  "An  Act 
to  amend  section  fifty  one  (51)  of  an  act  entitled  'An  Act  to 
establish  and,. maintain  a  system  of  free  schools,'  approved  April 
1,  1872,  hflforce  July  1,  1872,  ^n«^  amended  by  an  act  approved 
June  3,  1879,  in  force  July  1,  1879,"  approved  June  23,  1883; 
"An  Act  regulating  the  loaning1  of  school  funds,"  approved  and 
in  force  March  20,  1883;  "An  Act  to  amend  sections  thirteen 
(13),  twenty  (20)  and  seventy-one  (71)  of  an  act  entitled  'An 
Act  to  establish  and  maintain  a  system  of  free  schools,'  ap- 
proved April  1,  1872,  and  in  force  July  1,  1872,  and  amended 
by  an  act  approved  June  3,  1879,"  approved  June  26,  1885; 
"An  Act  to  amend  sections  fifty-seven  (57)  and  fifty-eight  (58) 
of  an  act  entitled  'An  Act  to  establish  and  maintain  a  system 
of  free  schools,'  approved  April  1,  1872,  and  amended  by  an  act 
approved  April  1,  1872,  and  amended  by  an  act  approved  June 
3,  1879,  and  in  force  July  1,  1879,  and  further  amended  by  an 
act  approved  May  31,  1881,  and  in  force  July  1,  1881,"  ap- 
proved June  30,  1885;  "An  Act  to  amend  section  one  (1)  of 
an  act  entitled  'An  Act  regulating  the  renting  and  sale  of  school 
lands,'  approved  May  25,  1877,  in  force  July  1,  1877,"  approved 
June  29,  1885;  "An  Act  to  amend  section  thirty- three  (33)  of 
an  Act  entitled  'An  Act  to  establish  and  maintain  a  system  of 
free  schools,'  approved  April  1,  1872,  in  force  July  1,  1872,  as 
amended  by  an  act  approved  May  23,  1877,  in  force  July  1, 
1877,  as  amended  by  act  approved  June  3,  1879,  in  force  July 
1.  1879,  as  amended  by  act  approved  May  31,  1881,  in  force 
July  1,  1881,"  approved  June  4,'  1'877;  "An  Act  to  provide  for 
the  election  of  presidents  of  boards  of  education  in  school  dis- 
tricts," approved  June  17,  1887;  "An  Act  to  empower  trustees 
of  schools  to  lay  out  and  dedicate  common  school  lands  for 
street  and  highway  purposes,"  approved  June  3,  1887;  "An  Act 
to  regulate  the  attendance  of  teachers  upon  teachers'  institutes," 
approved  June  14,  1887;  "An  Act  to  empower  township  trustees 
to  sell  and  convey  right  of  way  and  depot  grounds  for  the  use 
of  railroads  crossing  school  lands,"  approved  April  13,  1875; 
"An  Act  to  regulate  the  payment  of  moneys  into  the  hands  of 
township  school  treasurers,"  approved  May  30,  1881;  and  all 
other  acts  and  parts  of  acts  inconsistent  with  this  act,  and  all 
general  school  laws  in  this  State,  are  hereby  repealed. 


90 

§  13.  Whereas,  an  emergency  exists,  requiring  this  act  to  take 
immediate  effect,  therefore  be  it  enacted  that  this  act  shall  take 
effect  from  and  after  its  passage. 

APPROVED  May  21,  1889, 


ADDITIONAL     FACTS     PERTAINING    TO     THE     PUBLIC 
SCHOOLS  AND  TO  SCHOOL  OFFICERS. 

MEMBERS  OF  THE  BOARD  OF  EDUCATION  APPOINTED. 

An  Act  to  provide  for  1he  appointment  of  School  Directors  and 
members  of  the  Board  of  Education,  in  certain  cases,  approved 
May  29,  1879,  in  force  July  1,  1879. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  whereby 
[where,  by]  the  provisions  of  any  general  or  special  law  of  this 
State  heretofore  passed,  the  members  of  the  common  council  of 
any  city  having  been  made  ex  officio  school  directors,  or  members 
of  the  board  of  education  in  and  for  the  school  district  of  which 
the  said  city  shall  constitute  the  whole  or  a  part,  the  said 
school  directors  or  members  of  the  board  of  education  shall 
hereafter  be  appointed  as  hereinafter  provided. 

§  2.  It  shall  be  the  duty  of  the  mayor  of  said  city,  at  the 
first  regular  meeting  of  the  city  council  after  each  annual  mu- 
nicipal election,  and  after  his  installation  into  office,  to  nomi- 
nate and  place  before  the  council,  for  confirmation  as  school 
directors  or  members  of  the  board  o  f  education,  as  the  case  may 
be,  one  person  from  each  ward  of  said  city  to  serve  for  two 
years,  and  one  person  from  the  city  at  large  to  serve  for  one 
year,  and  if  the  persons  so  appointed  shall  be  confirmed  by  a 
majority  vote  of  the  city  council,  to  be  entered  of  record,  the 
persons  so  appointed,  together  with  such  persons  theretofore 
appointed  under  the  provisions  of  the  act,  to  which  this  is  an 
amendment,  whose  terms  of  service  shall  not  expire  within  one 
year,  shall  constitute  the  board  of  education  or  school  directors 
for  such  district:  Provided,  that  the  person  appointed  from  the 
city  at  large  for  one  year  shall  be  president  of  said  board  of 
education  or  school  directors,  but  shall  have  no  vote  in  such 
board  excepting  incase  of  a  tie:  And,  provided,  further,  that  the 
term  of  office  of  all  persons  heretofore  appointed  under  the  pro- 
visions of  the  act  to  which  this  is  an  amendment,  whose  term 
of  office  expires  within  one  year,  shall  terminate  at  the  first 
regular  meeting  of  the  city  council  af te  r  the  annual  meeting, 
and  upon  the  appointment  and  con  firmation  of  their  suc- 
cessors. [As  amended  by  act  approved  and  in  force  May  28, 
1889. 

§  3.  The  said  persons  shall,  as  soon  as  practicable -after  their 
appointment,  organize  by  electing  one  of  their  number  secre- 
tary, who  shall  hold  his  office  for  one  year.  All  rights,  powers 


91 

and  duties  heretofore  exercised  by  and  devolved  upon  the  mem- 
bers of  the  city  council,  as  ex  officio  members  of  the  board  of 
education,  or  school  directors,  shall  devolve  upon  and  be  exer- 
cised by  the  members  of  the  board  of  education  and  school  di- 
rectors appointed  under  the  provisions  of  this  act.  [As  amend- 
ed by  act  approved  and  in  force  May  28,  1889. 

£  4.  In  all  school  districts  to  which  this  act  shall  apply,  the 
boards  of  education  or  school  directors  shall  annually,  before 
the  first  day  of  August,  certify  to  the  city  council,  under  the 
hands  and  seals  of  the  president  and  secretary  of  the  board » 
the  amount  of  money  required  to  be  raised  by  taxation  for 
school  purposes  in  said  district  for  the  ensuing  year,  and  the 
said  city  council  shall  thereupon  cause  the  said  amount  to  be 
levied  and  collected  in  the  same  manner  now  provided  by  law 
for  the  levy  and  collection  of  taxes  for  school  purposes  in  such 
district,  but  the  amount  to  be  so  levied  and  collected  shall  not 
exceed  the  amount  now  allowed  to  be  collected  for  school  pur- 
poses by  the  general  school  laws  of  this  State;  and  when  such 
taxes  have  been  collected  and  paid  over  to  the  treasurer  of  such 
city  or  school  district,  as  may  be  provided  by  the  terms  of  the 
act  under  which  such  district  has  been  organized,  such  funds 
shall  be  paid  out  only  on  the  order  of  the  board  of  education 
or  the  school  directors,  signed  by  the  president  and  secretary 
of  such  board. 

APPROVED  May  29,  1879. 


AN  ACT  relating  to  the  study  of  Physiology  and  Hygiene  in   the 

Public  Schools. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  the  proper  le- 
gal school  authorities  shall  have  power,  and  it  shall  be  their 
duty,  to  have  all  pupils  of  suitable  age  in  schools  of  Illinois, 
supported  by  public  money  or  under  State  control,  instructed 
in  physiology  and  hygiene,  with  special  reference  to  the  effects 
of  alcoholic  beverages,  stimulants  and  narcotics  on  the  human 
system. 

§  2.  No  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  Illinois,  after  July,  1890,  who  has  not 
passed  a  satisfactory  examination  in  physiology  and  hygiene, 
with  special  reference  to  the  effects  of  alcoholic  beverages, 
stimulants  and  narcotics  on  the  human  system. 

APPROVED  June  1,    1889. 


92 


COMPENSATION  OF  JUDGES  AND  CLERKS  OF  ELECTION  IN  CER- 
TAIN CASES.* 

An  act  to  provide  for  the  compensation  of  Judges  and  Clerks 
of  Election  at  elections  at  which  Trustees  of  Schools  and 
School  Directors  are  elected  under  the  provisions  of  an  act 
entitled  "An  act  to  regulate  the  holding  of  elections  and  de- 
claring the  result  thereof  in  cities,  villages  and  incorporated 
towns  in  this  State"  approved  June  19,  1885. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  at  all  elections 
held  under  the  provisions  of  an  act  entitled  "An  Act  to  regulate 
the  holding  of  elections  and  declaring  the  result  thereof  in  cities, 
villages,  and  incorporated  towns  in  this  State,"  approved  June 
19,  1885,  and  those  amendatory  and  supplemental  thereto,  at 
Tvhich  any  trustee  of  school  may  have  been  heretofore  or  shall 
hereafter  be  elected,  the  expenses  of  such  election  shall  be  paid 
out  of  the  treasury  of  such  city,  village  and  incorporated  town. 

§  2.  That  all  elections  held  under  the  provisions  of  said  acts, 
at  which  a  school  director  is  elected,  the  expenses  of  such  elec- 
tion shall  be  paid  out  of  any  funds  belonging  or  appertaining 
to  the  district  for  which  such  director  is  elected. 

§  3.  The  corporate  authorities  of  cities,  villages,  incor- 
porated towns  and  school  districts  are  hereby  authorized  and 
empowered  to  levy  taxes  for  the  purpose  of  paying  such  election 
expenses 

APPROVED  June  3,  1889. 


ELECTION  OF  BOARDS  OF  EDUCATION  IN 
CERTAIN  CASES. 


§  1.  Cities,  towns  and  townships,  in  which 
schools  are  managed  under  special 
acts,  may  elect  boards  of  education. 

•f  2.  Question  to  be  submitted  to  vote,  upon  pe- 
tition of  50  voters. 


3.  Repeals  all  acts  in  conflict. 

4.  Emergency. 


AN  ACT  to  give  cities,  incorporated  towns,  townships  and  dis- 
tricts in  which  free  schools  are  now  managed  under  special 
acts,  authority  to  elect  boards  of  education  haviny  the  same 
powers  as  boards  of  education  now  elected  under  the  general 
free  school  laws  of  this  State. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  any  city,  in- 
corporated town,  township  or  district  having  a  population  of 


*  This  relates  to  the  judges  and  clerks  of  elections  appointed  by  the  board  of  election  commia  - 
-eionere,  and  not  to  the  officers  of  school  elections  generally. 


93 

not  less  than  one  thousand  and  not  over  twenty  thousand  in- 
habitants, in  which  free  schools  are  now  managed  under  any 
special  act,  may,  by  vote  of  its  electors,  determine  to  elect,  in- 
stead  of  the  directors  or  other  governing  or  managing  board,, 
now  provided  for  by  such  special  act,  a  board  of  education 
which  shall  be  elected  at  the  time  and  in  the  manner  and  have 
the  powers  now  conferred  by  law  upon  boards  of  education  of 
districts  not  governed  by  any  special  act. 

§  2.  Upon  petition  of  fifty  voters  of  such  city,  town,  town- 
ship or  district,  presented  to  the  board  having  the  control  and 
management  of  schools  in  such  city,  town,  township  or  district, 
it  shall  be  the  duty  of  such  board,  at  the  next  ensuing  election 
to  be  held  in  such  city,  town,  township  or  district,  to  cause  to 
be  submitted  to  the  voters  thereof,  giving  not  less  than  fifteen 
days'  notice  thereof,  by  posting  not  less  than  five  notices  in  the 
most  public  places  in  such  city,  town,  township  or  district,  the 
question  of  "electing  a  board  of  education  having  the  powers 
conferred  upon  such  boards  in  districts  organized  under  the  free 
school  laws,"  which  notice  may  be  in  the  following  form,  to- wit: 

Public  notice  is  hereby  given  that  on  the day  of ,  A. 

1 ) ,  an  election  will  be  held  at ,  between  the  hours 

of m.  and m.   of  said   day,  for  the  purpose  of  deciding  the 

question  of  "electing  a  board  of  education  having  the  powers  conferred 
upon  such  boards  in  districts  organized  under  the  free  school  law." 

If  it  shall  appear,  upon  a  canvass  of  the  returns  of  such  elec- 
tion, that  a  majority  of  the  votes  cast  at  such  election  are  "for 
electing  a  board  of  education  having  the  powers  conferred  upon 
such  boards  in  districts  organized  under  the  free  school  law," 
then  at  the  time  of  the  next  regular  election  for  boards  of  edu- 
cation under  the  free  school  law,  there  shall  be  elected  a  board 
of  education  for  such  district;  and  should  there  not  be  sufficient 
time'  to  give  the  notice  required  by  law  for  such  election,  then 
such  election  may  be  held  on  any  Saturday  thereafter,  but  all 
subsequent  elections  shall  be  held  at  the  time  provided  by  the 
free  school  law. 

>$  8.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

§  4.  Whereas,  an  emergency  exists  requiring  this  act  to  take 
immediate  effect,  therefore  be  it  enacted  that  this  act  shall  be 
in  force  from  and  after  its  passage. 

APPROVED  June  2.  1891. 


94 


CHILD  LABOR 


EMPLOYMENT  OF  CHILDREN  UNDER  13  YEARS  OF  AGE  PROHIBITED. 


Prohibits  any  person,  firm  or  corpora- 
tion from  employing  any  child  under 
13  years  of  age,  except  as  provided  in 
this  act. 

Certificate  of  the  school  board  authoriz- 
ing employment. 


§3.  No  certificate  shall  be  issued  unless  the 
child  has  attended  school  at  least  8 
weeks  in  the  current  school  year. 

§  4.  No  child  shall  be  employed  for  more  than 
one  day  without  such  certificate. 

§  5.     Penalties  for  violation  of  this  act. 


AN  ACT  to  prevent  child  labor. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  it  shall  be  un- 
lawful for  any  person,  firm  or  corporation  to  employ  or  hire 
any  child  under  thirteen  years  of  age  except  as  hereinafter  pro- 
vided. 

§  2.  In  case  it  shall  be  made  to  appear  to  the  board  of  edu- 
cation or  of  school  directors  that  the  labor  or  services  of  any 
child  constitutes  and  is  the  means  of  support  of  an  aged  or 
infirm  relative,  and  that  such  relative  is,  in  whole  or  in  part, 
dependent  upon  such  child,  then  the  board  of  education  or 
school  directors  shall  issue  to  such  child  a  certificate  authoriz- 
ing the  employment  of  such  child;  such  certificate  shall  state 
the  name,  residence  and  age  of  such  child,  and  a  record  thereof 
shall  be  kept  by  the  board  of  education  or  school  directors  in 
a  book  kept  for  that  purpose. 

§  3.  No  such  certificate  shall  be  granted  to  any  child  unless 
it  shall  be  shown  to  the  board  of  education  or  school  directors 
[of  the  district]  in  which  such  child  resides,  that  such  child  has 
attended  some  public  or  private  day  school  for  at  least  eight 
(8)  weeks  in  the  current  school  year. 

§  4.  No  person,  firm  or  corporation  shall  employ  any  child 
under  the  age  of  thirteen  years,  in  any  store,  shop,  factory  or 
manufacturing  establishment,  by  the  day,  or  any  period  of 
time  greater  than  one  day,  unless  such  certificate  be  furnished, 
nor  shall  he  permit  any  such  child  to  work  in  his  employ  with- 
out such  certificate.  He  or  they  shall  be  authorized  to  retain 
the  certificate  of  any  such  child  employed  by  him,  which  shall 
be  evidence  admissible  in  any  court. 

§  5.  Any  person,  firm  or  corporation  who  violates  the  pro- 
visions of  this  act,  and  any  father,  guardian  or  person  having 
control  of  any  child  under  the  age  of  thirteen  years,  who 
willingly  permits  or  consents  to  the  employment  of  such  child 
without  such  certificate  as  is  prescribed  by  section  three  of  this 
act  shall,  for  every  offense,  be  fined  in  a  sum  not  less  than  ten 
nor  more  than  fifty  dollars,  for  the  use  of  public  schools  of  the 
city  or  district  in  which  such  child  resides.  And  every  day 
of  the  employment  of  any  such  child  shall  be  deemed  a  sep- 
arate offense. 

APPROVED  June  17,  1891. 


95 


WOMEN  MAY  VOTE  AT  SCHOOL  ELECTIONS. 


Confers  the  right  of  suffrage  upon  women 
21  years  of  age  and  over  who  may  vote 
at  elections  for  school  officers.  Regis- 
tration. 


Shall  be  permitted  to  vote  for  school  offi- 
cers at  any  election.  Ballots,  at  general 
elections,  to  be  put  into  separate  boxes. 


AN  ACT  to  entitle  women  to  vote  at  any  election  held  for  the  pur- 
pose of  choosing  any  officer  under  the  general  or  special  school 
laws  of  this  State. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  Any  woman  of  the 
age  of  twenty-one  years  and  upwards,  belonging  to  either  of 
the  classes  mentioned  in  article  7  of  the  Constitution  of  the 
State  of  Illinois,  who  shall  have  resided  in  this  State  one  year, 
in  the  county  ninety  days,  and  in  the  election  district  thirty 
days  preceding  any  election  held  for  the  purpose  of  choosing 
any  officer  of  schools  under  the  general  or  special  school  laws 
of  this  State,  shall  be  entitled  to  vote  at  such  election  in  the 
school  district  of  which  she  shall  at  the  time  have  been  for 
thirty  days  a  resident:  Provided,  any  woman  so  desirous  of 
voting  at  any  such  election  shall  have  been  registered  in  the 
same  manner  as  is  provided  for  the  registration  of  male  voters. 

§  2.  Whenever  the  election  of  public  school  officers  shall  occur 
at  the  same  election  at  which  other  public  officers  are  elected, 
the  ballot  offered  by  any  woman  entitled  to  vote  under  this  act 
shall  not  contain  the  name  of  any  person  to  be  voted  for  at 
such  election,  except  such  officers  of  public  schools,  and  such 
ballots  shall  all  be  deposited  in  a  separate  ballot-box,  but  can- 
vassed with  other  ballots  cast  for  school  officers  at  such  election. 

APPROVED  June  19,  1891. 


EXISTING  INDEBTEDNESS. 

$  1.    Authorizes  the  directors  of  any  school  district,  created  by  special  act,  the  limits  of  which  are 
co  extensive  with  a  city,  to  assume  and  pay  any  existing  indebtedness. 

AN  ACT  to  allow  directors  of  schools  under  special  laws  to  assume 
and  provide  for  indebtedness  heretofore  created  by  the  authorities 
of  a  city  for  school  purposes. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  whenever  any  city  in 
this  State  is  by  special  law  made  a  school  district,  or  when- 
ever any  school  district  created  by  special  law  shall  be  co- 
terminous with  any  city,  the  directors  of  such  district  shall 
have  the  power,  at  the  request  of  the  city  council,  to  assume 
and  provide  for,  by  borrowing  and  taxation,  any  indebtedness 
now  existing,  created  by  the  authorities  of  the  city  for  school 
purposes. 

APPROVED  June  22,  1891. 


96 


COMPULSORY  ATTENDANCE. 


§  1.  Requires  that  children  between  the  ages  of 
7  and  14  years  shall  attend  school  at 
least  16  weeks  in  each  year  unless  ex- 
empt. 

§  2.    Penalties  for  violation  of  this  act. 


§3. 


Appointment  of  truant  officers.     Hearing 
of  charges  for  non-attendance. 


§  4.    Recovery  of  fines  and  penalties. 
§  5.    Penalties  for  evasion  of  this  act. 


AN  ACT  concerning  the  education  of  children. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly  That  every  person 
having  control  of  any  child  between  the  ages  of  seven  (7)  and 
fourteen  (14)  years,  shall  annually  cause  such  child  to  attend 
for  at  least  sixteen  (16)  weeeks,  twelve  weeks  of  which  attend- 
ance shall  be  consecutive,  some  public  or  private  day  school: 
Provided,  that  this  act  shall  not  apply  in  any  case  where  the 
child  has  been  or  is  being  otherwise  instructed  for  a  like  period 
of  time  in  the  elementary  branches  of  education,  or  whose 
physical  or  mental  condition  renders  his  or  her  attendance  im- 
practicable or  inexpedient,  or  who  is  excused  for  sufficient  rea- 
sons by  any  competent  court  of  record. 

§  2. .  For  every  willful  neglect  of  such  duty  as  prescribed  by 
section  one  (1)  of  this  act,  the  person  so  offending  shall  forfeit 
to  the  use  of  the  public  schools  of  the  city,  town  or  district  in 
which  such  child  resides,  a  sum  not  less  than  one  dollar  ($1) 
nor  more  than  twenty  dollars  ($20),  and  costs  of  suit. 

§  3.  The  board  of  education  in  cities,  towns,  villages  and 
school  districts,  and  the  board  of  school  directors  in  school 
districts  may,  at  their  discretion,  appoint  one  or  more  proper 
persons,  whose  duty  it  shall  be  to  report  all  violations  of  this 
act  in  writing  to  such  board  of  education  or  board  of  direct- 
ors, whose  duty  it  shall  be,  when  in  their  opinion  the  evidence 
renders  such  action  necessary,  to  notify  in  writing  the  parent 
or  guardian  that  such  complaint  has  been  made,  and  if  cause 
be  not  shown  within  five  (5)  days,  to  at  once  proceed  against 
the  responsible  person  as  is  hereby  provided.  It  shall  also  be 
the  duty  of  said  board  of  education  in  cities,  towns,  villages 
and  school  districts  and  boards  of  school  directors  in  school 
districts,  to  appoint  one  of  their  number,  who  shall  be  a  dis- 
creet and  proper  person,  whose  duty  it  shall  be  to  hear  excuses 
and  reasons  of  parents  or  guardians  for  the  non-attendance  of 
children  at  school  and  to  report  in  writing  to  said  boards  of 
education  or  boards  of  directors  at  the  next  regular  or  special 
meeting  the  names,  ages  and  postoffice  addresses  of  all  per- 
sons prosecuted  under  the  provisions  of  this  act.  The  persons 
appointed  as  such  officers  shall  be  entitled  to  such  compensa- 
tion for  services  under  this  act  as  shall  be  determined  by  the 
boards  appointing  them,  and  which  compensation  shall  be  paid 
out  of  the  distributable  school  fund. 

§  4.  Any  fine  and  penalty  mentioned  in  this  act  may  be  sued 
for  and  recovered  before  any  court  of  record  or  justice  of  the 


97 


peace  of  the  proper  county  in  the  name  of  the  People  of  the 
State  of  Illinois  for  the  use  of  the  public  schools  of  the  city, 
town,  village  or  district  in  which  said  child  resides. 

§  5.  Any  person  having  control  of  a  child,  who,  with  intent 
to  evade  the  provisions  of  this  act,  shall  make  a  willfulfly] 
false  statement  concerning  the  age  of  such  child  or  the  time 
such  child  has  attended  school,  shall  for  such  offense  forfeit  a 
sum  of  not  less  than  $3  nor  more  than  $20,  for  the  use  of  pub- 
schools  for  such  city,  town,  village  or  district. 

APPROVED  June  19,  1893. 


INSPECTORS  ELECTED  UNDER  CERTAIN  SPECIAL  ACTS. 


Certain  districts,  containing  over  20,000 
and  less  than  100,000  inhabitants,  hav- 
ing special  •  charter*,  though  divided 
for  the  election  of  school  inspectors,  are 
made  undivided  districts  with  added 
powers  for  the  control  and  management 
of  schools. 


§  2.    Moneys  raised    by  taxation,  how  drawn 

and  applied. 
{  8.     Record  of  the  proceedings  of  boards  of 

inspectors. 
§  4.     Emergency. 


AN    ACT    extending    1he  powers   of  boards   of  school   inspectors 
elected  under  certain  special  acts 

SECTION  1.  Beit  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cities  in  this 
State  having  over  20,000  and  less  than  100,000  inhabitants 
whose  schools  are  now  operated  under  special  law,  and  where, 
by  such  special  law,  territory  outside  of  the  city  limits  is  added 
to  the  territory  within  the  city  for  school  purposes,  and  where 
such  school  district  or  districts  is  not  co-extensive  with  the 
township  in  which  such  city  is  situated,  and  where,  by  such 
special  law,  boards  of  school  inspectors  consisting  of  six  mem- 
bers (three  in  each  .  of  two  districts)  are  elected,  the  provisions 
of  any  such  special  law  dividing  such  territory  into  two  dis- 
tricts shall  be  held  to  be  only  for  the  purpose  of  electing  mem- 
bers of  the  board  of  school  inspectors,  and  for  all  other  pur- 
poses the  territory  in  two  such  districts  shall  be  held  to  be  in- 
cluded in  one  school  organization,  and  the  board  of  school  in- 
spectors, in  addition  to  the  other  powers  given  by  such  special 
law,  and  general  school  laws,  shall  have  power  to  employ 
teachers,  janitors  and  such  other  employes  as  such  board  shall 
deem  necessary,  and  to  fix  the  amount  of  their  condensation; 
to  repair  and  to  improve  school  houses  and  to  furnish  them 
with  the  necessary  supplies,  fixtures,  apparatus,  libraries  and 
fuel,  and  it  shall  be  the  duty  of  such  board  to  take  the  entire 
supervision  and  control  of  the  schools  in  such  district  or  dis- 
tricts. 

S.-.  All  money  necessary  for  the  purposes  mentioned  in 
section  one  of  this  act  shall  be  raised  as  now  provided  by  law, 
not  to  exceed  the  amount  by  law  limited,  and  shall  be  held  by 
the  treasurer  as  a  special  fund  for  school  purposes,  subject  to 
the  order  of  school  inspectors,  upon  warrants  to  be  counter- 
signed by  the  mayor  and  city  clerk. 
—7  S. 


98 

§  3.  The  said  board  shall  provide  well-bound  books  at  the 
expense  of  the  school  tax  fund,  in  which  shall  be  kept  a  faith- 
ful record  of  all  of  its  proceedings.  The  yeas  and  nays  shall 
be  taken  and  entered  on  the  record  of  the  proceedings  of  the 
board  upon  all  questions  involving  the  expenditure  of  money. 

§  4.  Whereas,  an  emergency  exists,  therefore  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

APPROVED  June  19,  1893. 

SCHOOL  INSPECTORS. 

§  1.    Increasing  number  of  school  inspectors,        §  2.    Emergency, 
elected  under  special  acts;  from  six  to 
seven  members. 

AN  ACT  increasing  the  number  of  school  inspectors,  elected  under 
special  acts,  from  six  to  seven  members. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  in  all  cities  in 
this  State  having  over  10,000  and  less  than  100,000  inhabitants, 
whose  schools  are  now  operated  under  special  law,  and  where r 
by  such  special  law,  boards  of  school  inspectors  consisting  of 
six  members  (three  in  each  of  two  districts)  are  elected,  such 
board  shall  hereafter  consist  of  seven  members;  and  at  the  time 
other  members  of  such  boards  are  elected  in  April,  1895,  and 
each  three  years  thereafter,  such  additional  member  shall  be 
elected  for  a  term  of  three  years,  by  all  the  voters  entitled  to 
vote  at  school  elections  of  the  entire  school  territory  embraced 
in  said  two  districts;  and  whenever  such  additional  member  is 
to  be  elected,  he  shall  be  designated  and  voted  for  as  "mem- 
ber of  board  of  school  inspectors  at  large.'* 

§  2.  Whereas,  an  emergency  exists,  therefore  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

APPROVED  March  6,  1895. 


KINDERGARTEN  SCHOOLS. 

§  1.    School  districts,  upon  authorization   by        §  2.    Teachers'  certificates, 
a  majority  of    votes  cast  at  an  elec 
tion  for  that  purpose,  to  establish  kin- 
dergarten schools. 

AN  ACT  authorizing  school  districts  managed  by  boards  of  edu- 
cation and  directors  to  establish  and  maintain  kindergarten 
schools.  Approved  April  17,  1895,  in  force  July  1,  1895. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  addition  toother 
grades  or  departments  now  established  and  maintained  in  the 
public  schools  of  the  State,  any  school  district  managed  by  a 
board  of  education  or  a  board  of  directors  is  hereby  empowered, 
when  authorized  by  a  majority  of  all  the  votes  cast  at  an  elec- 
tion for  that  purpose,  such  election  to  be  called  and  held  in 


99 

accordance  with  the  provisions  of  Article  IX  of  an  act  entitled 
"An  act  to  establish  and  maintain  a  system  of  free  schools,'7 
approved  and  in  force  May  21,  1889,  to  establish  in  connection 
with  the  public  schools  of  such  district,  a  kindergarten  or 
kindergartens  for  the  instruction  of  children  between  the  ages 
of  four  and  six  years,  to  be  paid  for  in  the  same  manner  as 
other  grades  and  departments  now  established  and  maintained 
in  the  public  schools  of  such  district.  No  money  accruing  to- 
such  district  from  the  school  tax  fund  of  the  State  shall  be 
used  to  defray  the  tuition  or  other  expenses  of  such  kinder- 
garten, but  the  same  shall  be  defrayed  from  the  local  tax  and 
the  special  school  revenue  of  said  district. 

§  2.  All  teachers  in  kindergartens  established  under  this  act 
shall  hold  a  certificate  issued  as  provided  by  law,  certifying 
that  the  holder  thereof  has  been  examined  upon  kindergarten 
principles,  and  is  competent  to  teach  the  same. 

APPROVED  April  17,  1895. 


TEACHERS'    PENSION  AND  RETIREMENT  FUND. 


5.  Powers  of  trustee. 

6.  Special    fund— How    created— How    and> 

when  drawn. 

7.  Custodian  of  fund. 

8.  Removals  —  Contributions    refunded    to- 

teachers. 


§  1.  Teachers  and  employes'  pension  and  re- 
tirement fund  in  certain  cities -How 
created. 

§  2.  Board  of  trustees  — Administration  and 
investment  of  fund. 

§  3.     Retirement. 

§  4.     Annuity. 

AN  ACT  to  provide  for  the  formation  and  disbursement  of  a  pub- 
lic school  teachers  and  public  school  employes'  pension  and 
retirement  fund  in  cities  having  a  population  exceeding  one 
hundred  thousand  inhabitants. 

SECTION  1.  Be  it  enacted  by  the  People  in  1he  State  of  Illi- 
nois represented  in  the  General  Assembly:  That  the  board  of 
education  in  cities  having  a  population  exceeding  one  hundred 
thousand  inhabitant sj  shall  have  power,  and  it  shall  be  the 
duty  of  said  board,  to  create  a  public  school  teachers  and  pub- 
lic school  employes'  pension  and  retirement  fund,  and  for  that 
purpose  set  apart  the  following  moneys,  to- wit: 

1.  An    amount    not    exceeding  one    per  cent,   per  annum  of 
the  respective  salaries  paid   to   teachers   and    school   employes 
elected  by  such  board  of  education,  which  amount  shall  be  de- 
ducted in  equal  installments  from  said  salaries  at  the    regular 
times  for  the  payment  of  such  salaries. 

2.  All  moneys    received  from    donations,  legacies,  gifts,  be- 
quests, or  otherwise,  on  account  of  said  fund. 

3.  All    moneys    which    may    be   derived  from    any    and    all1 
sources:     Provided,  however,  that  no  taxes  shall  ever  be  levied 
or    an    appropriation  of    public    money  be    made  for  said  fund 
except  as  herein  provided. 

§  2.  The  board  of  education  together  with  the  superintend- 
ent of  schools,  and  two  representatives  to  be  selected  annually 


100 

by  the  teachers  and  employes  of  the  public  schools  under  con- 
trol of  said  board  shall  form  a  board  of  trustees,  a  majority 
of  whom  shall  determine  the  amount  to  be  deducted  from  the 
salaries  paid  to  teachers  and  employes  as  aforesaid,  and  shall 
have  charge  of,  and  administer  said  fund,  and  shall  have  power 
to  invest  the  same  as  shall  be  deemed  most  beneficial  to  said 
fund,  in  the  same  manner  and  subject  to  the  same  terms  and 
conditions  as  township  treasurers  are  permitted  to  invest 
school  funds  in  article  four  (4)  of  an  act  entitled  "An  act  to 
establish  and  maintain  a  system  of  free  schools,"  in  force 
May  4,  1889,  and  shall  have  power  to  make  payments  from  said 
fund  of  annuities  granted  in  pursuance  of  this  act,  and  shall 
from  time  to  time  make  and  establish  such  rules  and  regula- 
tions for  the  administration  of  said  fund  as  they  shall  deem 
best. 

§  3.  Said  board  of  education  shall  have  power,  by  a  major- 
ity vote  of  all  its  members  to  retire  any  female  teacher  or  other 
female  school  employe  who  shall  have  taught  in  public  schools 
or  rendered  service  therein  for  a  period  aggregating  twenty 
years;  and  any  male  teacher  or  male  school  employe  who  shall 
have  taught  or  rendered  service  for  a  period  aggregating 
twenty-five  years,  and  such  teacher  or  school  employe  also 
shall  have  the  right  after  said  term  of  service  to  retire  and 
become  a  beneficiary  under  this  act:  Provided,  however,  that 
three -fifths  of  said  term  of  service  shall  have  been  rendered 
by  said  beneficiary  within  the  limits  of  the  municipality  where 
said  board  of  education  has  jurisdiction. 

§  4.  Each  teacher  and  school  employ^  so  retired  or  retiring 
shall  thereafter  be  entitled  to  receive  as  an  annuity  one-half  of 
the  annual  salary  paid  to  said  teacher  or  employ^  at  the  date 
of  such  retirement,  said  annuity  to  be  paid  monthly  during  the 
school  year:  Provided,  however,  that  such  annuity  shall  not  ex- 
ceed the  sum  of  six  hundred  dollars  ($600),  which  shall  be  paid 
by  said  board  of  education  out  of  the  fund  created  in  accord- 
ance with  this  act  in  the  manner  provided  by  law  for  the  pay- 
ment of  salaries. 

§  5.  Said  board  of  trustees  is  hereby  given  the  power  to 
use  both  the  principal  and  the  income  of  said  fund  for  the  pay- 
ment of  annuities  hereinbefore  mentioned,  and  shall  have  power 
to  reduce,  from  time  to  time,  the  amount  of  all  annuities: 
Provided,  that  such  reduction  shall  be  at  the  same  rate  in  all 
cases 

§  6.  The  president  and  secretary  of  such  board  of  education 
shall  certify  monthly  to  the  city  treasurer  all  amounts  deducted 
from  the  salaries  of  teachers,  special  teachers,  principals  and 
employes  of  the  board  of  education  in  accordance  with  the  pro- 
visions of  this  act,  which  amounts  as  well  as  all  other  moneys 
contributed  to  said  fund,  shall  be  set  apart  and  held  by  said 
treasurer  as  a  special  fund  for  the  purposes  hereinbefore 
specified,  subject  to  the  order  of  said  board  of  education,  super- 


101 

intendent  of  schools,  and  two  representatives,  as  aforesaid,  and 
shall  be  paid  out  upon  warrants  signed  by  the  president  and  sec- 
retary of  said  board  of  education. 

§  7.  The  city  treasurer  shall  be  custodian  of  said  pension 
fund,  and  shall  secure  and  safely  keep  the  same  subject  to  the 
control  and  direction  of  said  board  of  trustees,  and  shall  keep 
his  books  and  accounts  concerning  said  fund  in  such  manner  as 
may  be  prescribed  by  the  said  board.  And  said  books  and  ac- 
counts shall  always  be  subject  to  the  inspection  of  the  said 
board  or  any  member  thereof. 

The  treasurer  shall,  within  ten  days  after  his  election  or 
appointment,  execute  a  bond  to  the  city,  with  good  and  suffi- 
cient securities,  in  such  penal  sum  as  the  said  board  shall  di- 
rect, to  be  approved  by  the  said  board,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office,  and  that  he  will 
safely  keep,  and  well  and  truly  account  for  all  moneys  and 
profits  which  may  come  into  his  hands  as  such  treasurer,  and 
that  on  the  expiration  of  his  term  of  office  he  will  surrender 
and  deliver  over  to  his  successor  all  unexpended  moneys  and 
all  property  which  may  have  come  into  his  hand  as  treasurer 
of  such  fund.  Such  bond  shall  be  filed  in  the  office  of  the  clerk 
of  such  city,  and  in  case  of  a  breach  of  the  same  or  the  con- 
ditions thereof,  suit  may  be  brought  on  the  same  in  the  name 
of  said  city  for  the  use  of  said  board  of  trustees  or  of  any 
person  or  persons  injured  by  such  breach. 

S  8.  No  teacher  or  other  school  employ^  who  has  been  or  who 
shall  have  been  elected  by  said  board  of  education  shall  be  re- 
moved or  discharged  except  for  cause  upon  written  charges, 
which  shall  be  investigated  and  determined  by  the  said  board 
of  education  whose  action  and  decision  in  the  matter  shall  be 
final. 

If  at  any  time  a  teacher  or  school  employ  6  who  is  willing 
to  continue  is  not  re-employed  or  is  disch  arged  before  the  time 
when  he  or  she  would  under  the  provisions  of  this  act  be  en 
titled  to  a  pension,  then  such  teacher  or  school  employ  6  shall 
be  paid  back  at  once  all  the  money,  with  interest,  he  or  she 
may  have  contributed  under  the  law. 

APPROVED  May  21,  1895. 


102 

UNITED  STATES  FLAGS  TO  BE  PLACED  ON  SCHOOL 

HOUSES. 

f  1.     To  be  upon  all  public  school  houses   or  I     §  2.     Expenses— How  paid, 
within  the  school  grounds.  |    |  3.     Penalty. 

AN  ACT  to  require  the  United  States  flag  to  be  placed  upon  all 
public  buildings  in  Illinois,  or  upon*  a  flag  pole  erected  within 
the  school  grounds  surrounding  such  school  buildings.  Became 
a  law  June  26,  1895.  In  force  July  1,  1895. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  the  directors 
or  board  of  education  of  every  school  district  in  the  State  of 
Illinois  shall  have  power,  and  it  is  hereby  made  their  duty,  to 
cause  to  be  erected  and  to  keep  in  repair  upon  all  public  school 
houses,  or  within  the  school  grounds  surrounding  suchQ public 
school  buildings  which  may  be  in  their  respective  school  dis- 
tricts, a  good  and  sufficient  flag- staff  or  pole,  together  with  all 
necessary  adjustments,  and  that  they  shall  provide  a  United 
States  flag  of  suitable  proportions,  which  shall  be  floated  from 
such  flag  staff  or  pole  during  the  school  hours  of  such  days  as 
the  school  may  be  in  session,  and  as  a  majority  of  the  pupils 
attending  said  school  may  determine:  Provided,  that  the  flag 
shall  not  be  hoisted  during  any  day  when  a  violent  storm  or 
inclement  weather  would  destroy  or  materially  injure  such  flag. 

§  2.  Such  flag-staff  or  pole,  adjustments  and  repairs  and  all 
necessary  flags  shall  be  paid  for  from  any  school  moneys  not 
otherwise  appropriated,  which  may  be  in  the  hands  of  the 
township  treasurer  for  the  use  of  any  school  district  in  which 
such  expenditures  have  been  made. 

§  3.  Any  person  or  persons  who  shall  willfully  injure,  de- 
face or  destroy  any  flag,  flag-staff  or  pole,  or  adjustments  at- 
tached thereto,-  erected  and  arranged  for  the  purpose  of  carry- 
ing out  the  requirements  of  this  act,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  one  (1)  doliar  nor  more  than  fifteen  (15)  dollars. 

This  bill,  having  remained  with  the  Oovernor  for  the  period  of  ten  days  {Sundays  excepted) 
after  the  adjournment,  of  the  General  Assembly,  a,nd  h«  not  having  filfid  it  with  his  objections 
thereto  m  the  office  of  the  Secretary  of  State,  it  becomes  a  law  in  like  manner  as  if  he  had  signed  it. 

Witness  my  hand  this  ^bth  day  of  June,  A.  D.  1895. 

W.   H.  IllNRICHSBN, 

Secr&tary  of  State. 


103 


UNITED  STATES  FLAGS  TO  BE  PLACED  ON  PUBLIC 

BUILDINGS. 


4.  Penalty. 

5.  Prosecutions  under  this  act. 


••§  1.  On  school  houses,  colleges  and  educa- 
tional institutions. 

f  2.     County  boardjs  to  provide  flags. 

$  3.  On  penal,  reformatory  and  State  charita- 
ble institutions. 

AN  ACT  to  provide  for  placing  United  States  national  flags   on 
school  houses,  court  houses   and  other   public  buildings  in  this 
State.     Became  a  law  June  26,  1895.     In  force  July  1,  1895. 
SECTION  1.     Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:    That  it  shall  be  the 
duty  of  all  school  directors  and  boards  of  education  of  all  pub- 
lic schools  in  the  State,  and    trustees  and   boards  of   directors 
of  all  colleges  and  educational  institutions  of  every  description 
in   this  State,  whether  State,  county,  municipal,  district,  sectar- 
ian or  private,  to  provide  United    States'  national   flags  of  not 
less  than  four  by  eight  feet  in  size,  and  cause  the  same  to  be 
unfurled  and  kept  floating  from,  a  suitable  flag-staff  to  be  placed 
on  the  top  of  all  public    school  houses,  college   buildings,   and 
all    buildings    used    for    educational    purposes    in    this    State, 
whether  the    same  be  conducted    by    the  State,  or    by  county, 
township,  municipal,  district,  sectarian,  corporation  or   private 
authority,  on  each  and  every  day  when  such    schools,  colleges 
and  educational  institutions  are  in    session,  from    nine    o'clock 
a.  m.  to  four  o'clock  p.  m.,  in  each  and  every  year. 

§  2.  It  shall  be  the  duty  of  the  board  of  supervisors  in 
counties  under  township  organization,  and  the  board  of  com- 
missioners in  counties  not  under  township  organization,  to  pro- 
vide United  States  national  flags  of  not  less  than  four  by  eight 
feet  in  size,  to  be  unfurled  and  kept  floating  from  a  suitable 
flag-staff  to  be  placed  on  the  top  of  the  court  house  in  their 
respective  counties,  and  it  is  hereby  made  the  duty  of  the 
sheriff  of  each  and  every  county  in  the  State  to  see  that  the 
flag  so  provided  shall  be  hoisted  on  its  flag -staff  above  the 
court  house  and  kept  floating  from  eight  o'clock  a.  m.  to  five 
o'clock  p.  m.  on  each  and  every  day  of  the  year. 

§  3.  The  commissioners  and  trustees  of  all  penal  and  re- 
formatory and  State  charitable  institutions  of  this  State  shall 
provide  United  States'  national  flags  of  not  less  than  ten  by 
twenty  feet  in  size,  and  cause  the  same  to  be  unfurled  and 
kept  floating  above  the  said  penal  and  reformatory  and  State 
charitable  institutions  or  on  a  suitable  flag-pole  in  each  and 
every  day  in  the  year,  from  eight  o'clock  a.  m.  to  five  o'clock 

E.  m. :  Provided,  that  the  flags  used  by  any  and  all  of  the 
tate  institutions,  as  provided  for  in  this  act,  shall  be  paid  for 
out  of  the  funds  appropriated  for  the  running  expenses  of  said 
institutions,  the  same  as  other  necessary  supplies  are  bought 
and  paid  for:  And,  provided  furthe",  that  flags  for  use  over 
public  school  buildings  and  court  houses  are  hereby  declared 
to  be  necessary  supplies  and  may  be  paid  for  out  of  the  pub- 
lic funds  of  the  respective  school  districts  and  counties. 


104 

§  4.  If  any  of  the  persons  named  in  this  act,  whose  duty  it- 
shall  be  to  provide  flags  for  and  have  the  same  placed  in  po- 
sition over  the  several  buildings,  as  provided  for  in  this  act, 
shall  refuse  or  neglect  to  so  provide  flags  and  have  "them 
placed  in  position  as  required  by  this  act;  or  if  £he  sheriff  of 
any  county  in  this  State  shall  refuse  or  neglect  to  place  the 
flag  so  provided  in  position  over  the  court  house  of  the  county 
in  which  he  is  sheriff,  shall,  each  and  every  one  of  them,  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  be 
fined  not  less  than  three  nor  more  than  ten  dollars  and  costs 
of  suit  for  each  and  every  day  that  they  shall  so  neglect  or 
refuse  to  comply  with  the  provisions  of  this  act. 

§  5.  Prosecutions  under  this  act  shall  be  by  complaint  or 
information,  and  be  tried  by  any  court  of  competent  jurisdic- 
tion under  the  same  rules  as  other  misdemeanors:  Provided, 
that  fines  collected  under  this  act  shall  be  paid  into  the  school 
fund  of  the  district  and  into  the  county  treasury  of  the  county 
wherein  this  act  has  been  violated:  And,  provided,  furfhvr,  that 
States'  Attorneys  shall  be  entitled  to  a  fee  of  five  dollars  for 
each  conviction  under  this  act,  to  be  collected  as  part  of  the 
costs  of  the  suit;  except  where  an  appeal  is  taken  from  the 
justice's  court  to  county  or  circuit  court,  then  in  that  case  the 
State's  Attorney  shall  be  entitled  to  ten  dollars  for  each  con- 
viction, to  be  collected  as  part  of  the  costs  of  the  suit. 


This  bill,  having  remained  with  the  Governor  for  a  period  of  ten  days  (Sundays  excep ted) 
after  the  adjournment  of  the  General  Assembly,  and  he  not  having  filed  it  with  his  objections 
thereto  in  the  office  of  the  Secretary  of  State,  it  becomes  a  law  in  like  manner  as  if  he  had  signed  it. 
Witness  my  hand  this  2oth  day  of  June,  A.  D.  1895. 

W.  H.  HINRICHSEN, 

Secretary  of  Sta'e. 


105 


APPENDIX. 


[Containing  acts  establishing  State  Normal  Schools,  providing  for  County  Normal  Schools  an<f 
providing  for  State  Scholarships  in  the  University  of  Illinois.] 


CENTRAL   ILLINOIS   STATE   NORMAL   UNIVERSITY,    NORMAL. 

AN  ACT    for   the   establishment    and    maintenance    of  a  Normal 

University. 

SECTION  1.  Be  it  enacfed  by  the  People  of  the  Slate  of  Illi- 
nois, represenfed  in  the  General  Assembly:  That  C.  B.  Denio,  of 
Jo  Daviess  county,  Simeon  Wright,  of  Lee  county,  Daniel  Wil- 
kins,  of  McLean  county,  C.  E.  Hovey,  of  Peoria  county,  George 
P.  Rex,  of  Pike  county,  Samuel  W.  Moulton,  of  Shelby  county,. 
John  Gillespie,  of  Jasper  county,  George  Bunsen,  of  St.  Clair 
county,  Wesley  Sloan  of  Pope  county,  Ninian  W.  Edwards,  of 
Sangamon  county,  John  Eden,  of  Moultrie  county,  Flavel 
Mosley,  of  Cook  county,  William  H.  Wells,  of  Cook  county,  Al- 
bert R.  Shannon,  of  White  county,  and  the  Superintendent  of 
Public  Instruction,  ex-officio,  with  their  associates,  who  shall  be 
elected  as  herein  provided,  and  their  successors  are  hereby  cre- 
ated a  body  corporate  and  politic,  to  be  styled.  "The  Board  of 
Education  of  the  State  of  Illinois,"  and  by  that  name  and  style 
shall  have  perpetual  succession,  and  have  power  to  contract  and 
be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded,  to  acquire,  hold  and  convey  real  and  personal  property; 
to  have  and  use  a  common  seal,  and  to  alter  the  same  at  pleas- 
ure;  to  make  and  establish  by-laws  and  alter  or  repeal  the  same 
as  they  shall  deem  necessary  for  the  government  of  the  normal 
university  hereby  authorized  to  be  established,  or  any  of  its  de- 
partments, officers,  students  or  employes,  not  in  conflict  with 
the  constitution  and  laws  of  this  State  or  of  the  United  States; 
and  to  have  and  exercise  all  powers,  and  be  subje  ct  to  all  duties- 
usual  and  incident  to  trustees  of  corporations. 

§  2.  The  Superintendent  of  Public  Instruction,  by  virtue  of  his 
office,  shall  be  a  member  and  secretary  of  said  board,  and  shall 
report  to  the  legislature  at  its  regular  sessions  the  condition. 


106 

and  expenditures  of  said  normal  university,  and  communi- 
cate such  further  information  as  the  said  board  of  education  or 
the  legislature  may  direct. 

§  3.  No  member  of  the  board  of  education  shall  receive  any 
•compensation  for  attendance  on  the  meetings  of  the  board,  ex- 
cept his  necessary  traveling  expenses;  which  shall  be  paid  in  the 
,same  manner  as  the  instructors  employed  in  the  said  normal 
university  shall  be  paid.  At  all  the  stated  and  other  meetings 
of  the  board,  called  by  the  president  or  secretary,  or  any  five 
members  of  the  board,  five  members  shall  constitute  a  quorum, 
provided  all  shall  have  been  duly  notified. 

§  4.  The  objects  of  the  said  normal  university  shall  be  to 
qualify  teachers  for  the  common  schools  of  this  State,  by  im- 
parting instruction  in  the  art  of  teaching,  and  all  branches  of 
study  which  pertain  to  a  common  school  education;  in  the  ele- 
ments of  the  natural  sciences,  including  agricultural  chemistry, 
animal  and  vegetable  physiology;  in  the  fundamental  laws  of 
the  United  States  and  the  State  of  Illinois,  in  regard  to  the 
rights  and  duties  of  citizens,  and  such  other  studies  as  the 
board  of  education  may,  from  time  to  time,  prescribe. 

§  5.  The  board  of  education  shall  hold  its  first  meeting  at 
the  office  of  the  Superintendent  of  Public  Instruction,  on  the 
iirst  Tuesday  in  May  next,  at  which  meeting  they  shall  appoint 
an  agent,  fixing  his  compensation,  who  shall  visit  the  cities, 
villages  and  other  places  in  the  State,  which  may  be  deemed 
eligible  for  the  purpose,  to  receive  donations  and  proposals  for 
the  establishment  and  maintenance  of  the  normal  university. 
The  board  shall  have  power,  and  it  shall  be  their  duty,  to  fix 
the  permanent  location  of  said  normal  university,  at  the  place 
where  the  most  favorable  inducements  are  offered  for  that  pur- 
pose: Provided,  that  such  location  shall  not  be  difficult  of 
access,  or  detrimental  to  the  welfare  and  prosperity  of  said 
normal  university. 

§  6.  The  board  of  education  shall  appoint  a  principal,  lecturer 
on  scientific  subjects,  instructors  and  instructresses,  together 
with  such  other  officers  as  shall  be  required  in  the  said  normal 
university;  fix  their  respective  salaries  and  prescribe  their  several 
duties.  They  shall  also  have  power  to  remove  any  of  them  for 
proper  cause,  after  having  given  ten  days'  notice  of  any  charge, 
which  may  be  duly  presented,  and  reasonable  opportunity  for 
defense.  They  shall  also  prescribe  the  text  books,  apparatus 
and  furniture  to  be  used  in  the  university,  and  provide  the 
same;  and  shall  make  all  regulations  necessary  for  its  manage- 
ment. And  the  board  shall  have  power  to  recognize  auxiliary 
institutions  when  deemed  practicable:  Provided^  that  such 
auxiliary  institutions  shall  not  receive  any  appropriation  from 
the  treasury,  or  the  seminary  or  university  fund. 

§  7.  Each  county  in  the  State  shall  be  entitled  to  gratui- 
tous instruction  for  *one  pupil  in  said  normal  university;  and 

*  Made  two  by  act  approved  February  14,  15161. 


107 

•each  representative  district  shall  be  entitled  to  gratuitous  in- 
struction for  a  number  of  pupils  equal  to  the  number  of  repre- 
sentatives in  said  district,  to  be  chosen  in  the  following  manner: 
The  school  commissioner  [county  superintendent  |  in  each  county 
shall  receive  and  register  the  names  of  all  applicants  for  admis- 
sion in  said  normal  university,  and  shall  present  the  same  to 
the  county  court,  or,  in  counties  acting  under  township  organi- 
zation, to  the  board  of  supervisors,  which  said  county  court  or 
board  of  supervisors,  as  the  case  may  be,  shall,  together  with 
the  county  commissioner,  examine  all  applicants  so  presented, 
in  such  a  manner  as  the  board  of  education  may  direct,  and 
from  the  number  of  such  as  shall  be  found  to  possess  the  requi- 
site qualifications,  such  pupils  shall  be  selected  by  lot;  and  in 
representative  districts  composed  of  more  than  one  county,  the 
school  commissioner  and  the  county  judge,  or  the  school  com- 
missioner and  chairman  of  the  board  of  supervisors,  in  counties 
acting  under  township  organization,  as  the  case  may  be,  of  the 
several  counties  composing  such  representative  district,  shall 
meet  at  the  clerk's  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the  county 
court,  or  board  of  supervisors,  of  the  several  counties  repre- 
sented, and  found  to  possess  the  requisite  qualifications,  shall 
select  by  lot  the  number  of  pupils  to  which  said  district  is  en- 
titled. The  board  of  education  shall  have  the  discretionary 
power,  if  any  candidate  does  not  sign  and  file  with  the  secre- 
tary of  the  board  a  declaration  that  he  or  she  shall  teach  in 
the  public  schools  within  the  State,  in  case  that  engagements 
can  be  secured  by  reasonable  efforts,  to  require  such  candidate 
to  provide  for  the  payment  of  such  fees  for  tuition  as  the  board 
may  prescribe. 

$  8.  The  interest  of  the  university  and  seminary  fund,  or  such 
part  thereof  as  may  be  found  necessary,  shall  be  and  is  hereby 
appropriated  for  the  maintenance  of  said  normal  university,  and 
shall  be  paid  on  the  order  of  the  board  of  education  from  the 
treasury  of  the  State;  but  in  no  case  shall  any  part  of  the  in- 
terest of  said  fund  be  applied  to  the  purchase  of  sites,  or  for 
buildings  for  said  university. 

§  9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dollars  received  from  the  Messrs.  Merriam,  of  Spring- 
field, Massachusetts,  by  the  late  Superintendent,  to  the  purchase 
of  apparatus  for  the  use  of  the  normal  university,  when  estab- 
lished, and  hereafter  all  gifts,  grants  and  demises  which  may 
be  made  to  the  said  normal  university  shall  be  applied  in 
accordance  with  the  wishes  of  the  doners  of  the  same. 

§  10.  The  board  of  corporators  herein  named,  and  their  suc- 
cessors, shall  each  of  them  hold  their  office  for  the  term  of  six 
years:  Provided,  that  at  the  first  meeting  of  said  board,  the 
said  corporators  shall  determine  by  lot,  so  that  one-third  shall 
hold  their  office  for  two  years,  one -third  for  four  years  and  one- 
third  for  six  years.  The  Governor,  by  and  with  the  advice  and 


108 

consent  of  the  Senate,  shall  fill  all  vacancies  which  shall,  at 
any  time,  occur  in  said  board,  by  appointment  of  suitable  per- 
sons to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  each  biennial 
meeting  thereafter,  it  shall  be  the  duty  of  said  board  to  elect 
one  of  their  number  president,  who  shall  serve  until  the  next 
biennial  meeting  of  the  board,  and  until  his  successor  is  elected. 

§  12.  At  each  biennial  meeting,  it  shall  be  the  duty  of  the 
board  to  appoint  a  treasurer,  who  shall  not  be  a  member  of 
the  board,  and  who  shall  give  bond  writh  such  security  as  the 
board  may  direct,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office. 

§  13.  This  act  shall  take  effect  on  and  after  its  passage,  and 
be  published  and  distributed  as  an  appendix  to  the  school  law, 

APPROVED  February  18,  1857. 


SOUTHERN   ILLINOIS  NORMAL   UNIVERSITY,    CARBONDALE. 

AN  ACT  to  establish  and  maintain  the  Southern  Illinois  Normal 

University. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  a  body  politic 
and  corporate  is  hereby  created,  by  the  name  of  the  Southern 
Illinois  Normal  University,  to  have  perpetual  succession,  with 
power  to  contract  and  be  contracted  with,  to  sue  and  be  sued, 
to  plead  and  be  impleaded,  to  receive,  by  any  legal  mode  of 
transfer  or  conveyance,  property  of  any  description,  and  to  have, 
hold  and  enjoy  the  same,  with  the  rents  and  profits  thereof, 
and  to  sell  and  convey  the  same;  also,  to  make  and  use  a  cor- 
porate seal  with  power  to  break  or  change  the  same,  and  to 
adopt  by-laws,  rules  and  regulations  for  the  government  of  its 
members,  officers,  agents  and  employes:  Provided,  such  by-laws 
shall  not  conflict  writh  the  Constitution  of  the  United  States  or 
of  this  State. 

§  2.  The  objects  of  the  said  South  ern  Illinois  Normal  Univer- 
sity shall  be  to  qualify  teachers  for  the  common  schools  of  this 
State  by  imparting  instruction  in  the  art  of  teaching  in  all 
branches  of  study  which  pertain  to  a  common  school  education, 
in  the  elements  of  the  natural  sciences,  including  agricultural 
chemistry,  animal  and  vegetable  physiology,  in  the  fundamental 
laws  of  the  United  States,  and  of  the  State  of  Illinois,  in  regard 
to  the  rights  and  duties  of  citizens,  and  such  other  studies  as 
the  board  of  education  may,  from  time  to  time,  prescribe. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  in, 
and  its  duties  performed  by,  a  board  of  trustees,  not  exceeding 
five  in  number,  to  be  appointed  as  hereinafter  provided. 


109 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nom- 
inate and,  by  and  with  the  advice  of  the  Senate,  appoint  five 
citizens  of  the  State  as  trustees  of  said  institution,  two  of  whom 
shall  serve  for  two  years,  and  three  for  four  years,  and  until  their 
successors  are  appointed  and  enter  on  duty,  and  successors  in 
each  class  shall  be  appointed  in  like  manner  for  four  years: 
Provided,  that  in  case  of  a  vacancy  by  death  or  otherwise, 
the  Governor  shall  appoint  a  successor  for  the  remainder  of 
the  term  vacated:  Provided,  that  not  more  than  two  members 
of  said  board  shall  be  residents  of  any  one  county. 

§  5.  The  said  trustees  shall  hold  their  first  meeting  at  Cen- 
tralia,  within  one  month  after  the  passage  of  this  act,  at  which 
meeting  they  shall  elect  one  of  their  body  as  president  and  an- 
other as  secretary;  and  cause  a  regular  record  to  be  made  and 
kept  of  all  their  proceedings.  The  said  board  shall  also,  when- 
ever his  services  shall  be  required,  appoint  a  treasurer,  not  a 
member  of  the  board,  who  shall  give  bonds  to  the  People  of  the 
State  of  Illinois  in  double  the  amount  of  the  largest  sum  likely 
to  come  into  his  hands,  the  penalty  to  be  fixed  by  the  board, 
conditioned  for  the  faithful  discharge  of  his  duties  as  treasurer, 
with  two  or  more  securities;  the  treasurer  may  also  be  required 
to  executed  bonds  from  time  to  time  as  the  board  may  direct. 

§  6.  The  treasurer  shall  keep  an  accurate  account  of  all 
moneys  received  and  paid  out;  the  account  for  articles  and 
supplies  of  every  kind  purchased  shall  be  kept  and  reported, 
so  as  to  show  the  kind,  quantity  and  cost  thereof. 

§  7.  No  member,  officer,  agent  or  employ^  of  the  board 
shall  be  a  party  to  or  interested  in  any  contract  for  materials, 
supplies  or  cervices  other  than  such  as  pertain  to  their  posi- 
tions and  duties. 

jj  *.  Accounts  of  this  institution  shall  be  stated  and  settled 
annually  with  the  Auditor  of  Public  Accounts,  or  with  such 
person  or  persons  as  may  be  designated  by  law  for  that  pur- 
pose. And  the  trustees  shall,  ten  days  previous  to  each  regu- 
lar session  of  the  General  Assembly,  submit  to  the  Governor 
a  report  of  all  their  actions  and  proceedings  in  the  execution 
of  their  trust,  with  a  statement  of  all  accounts  connected  their- 
with,  to  be  by  the  Governor  laid  before  the  General  Assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  places  or 
place  as  may  be  agreed  on,  and,  until  the  buildings  are  com- 
pleted, as  much  oftener  as  may  be  necessary;  and  thereafter 
the  meetings  shall  be  at  the  university. 

§  10.  The  trustees  shall,  as  soon  as  practicable,  advertise 
for  proposals  from  localities  desiring  to  secure  the  location  of 
said  normal  university,  and  shall  receive,  for  not  less  than 
three  months  from  the  date  of  their  first  advertisement,  pro- 
posals for  points  situated  as  hereinafter  mentioned,  to  donate 
lands,  buildings,  bonds,  moneys,  or  other  valuable  considera- 
tion, to  the  State  in  aid  of  the  foundation  and  support  of  said 
university;  and  shall,  at  a  time  previously  fixed  by  advertise- 


110 

ment,  open  and  examine  such  proposals,  and  locate  the  insti- 
tution at  such  point  as  shall,  all  things  considered,  offer  the 
most  advantageous  conditions.  The  land  shall  be  selected 
south  of  the  railroad,  or  within  six  miles  north  of  said  road, 
passing  from  St.  Louis  to  Terre  Haute,  known  as  the  Alton 
and  Terre  Haute  railroad,  with  a  view  of  obtaining  a  good 
supply  of  water  and  other  conveniences  for  the  use  of  the 
institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  aforesaid, 
the  trustees  shall  proceed  to  contract  for  the  erection  of  build- 
ings in  which  to  furnish  educational  facilities  for  such  number 
of  students  as  hereinafter  provided  for,  together  with  the  out- 
houses required  for  use,  also  for  the  improvement  of  the  land 
so  as  to  make  it  available  for  it  he  use  of  the  institution.  The 
buildings  shall  not  be  more  than  two  stories  in  height,  and 
be  constructed  upon  the  most  approved  plan  for  use,  shall 
front  to  the  east,  and  shall  be  of  sufficient  capacity  to  accom- 
modate not  exceeding  three  hundred  students,  with  the  officers 
and  necessary  attendants.  The  outside  walls  to  be  of  hewn 
stone  or  brick,  partition  walls  of  brick,  roofs  of  slate,  and  the 
whole  buildings  made  fire-proof,  and  so  constructed  as  to  bo- 
warmed  in  the  most  healthy  and  economical  manner,  with 
ample  ventilation  in  all  its  parts.  The  out- houses  shall  be  so- 
placed  and  constructed  as  to  avoid  all  danger  to  the  main 
buildings  from  fire  originating  in  any  one  of  them.  The  board 
shall  appoint  an  honest,  competent  superintendent  of  the 
buildings  and  improvements  aforesaid,  whose  duty  shall  be  to 
be  always  present  during  the  progress  of  the  work,  and  see 
that  every  stone,  brick  and  piece  of  timber  used  is  sound  and 
properly  placed,  and  whose  right  it  shall  be  to  require  con- 
tractors and  their  employes  to  conform  to  his  directions  in 
executing  their  contracts;  Provided,  however,  that  said  board 
of  trustees  may  appoint  any  one  of  their  number  such  super- 
intendent: And,  provided,  further,  that  the  buildings  aforesaid 
may  be  erected  and  improvements  made  under  the  direction  of 
the  board  and  its  superintendent,  without  letting  the  same  to 
contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors 
and  instructresses,  together  with  such  other  officers  as  may 
be  required  in  the  said  normal  university;  fix  their  respective 
salaries  and  prescribe  their  several  duties.  They  shall  also 
have  power  to  remove  any  of  them  for  proper  cause  after 
having  given  ten  days'  notice  of  any  charge  which  may  be 
duly  presented,  and  reasonable  opportunity  of  defense.  They 
shall  also  prescribe  the  text  books,  apparatus  and  furniture  to 
be  used  in  the  university  and  provide  the  same,  and  shall 
make  all  regulations  necessary  for  its  management. 

§  13.  All  the  counties  shall  be  entitled  to  gratuitous  instruc- 
tion for  two  pupils  for  each  county  in  said  normal  university, 
and  each  representative  district  shall  be  entitled  to  gratuitous  in- 


Ill 

struction  for  a  number  of  pupils  equal  to  the  number  of  repre- 
sentatives in  said  district,  to  be  chosen  in  the  following  manner: 
The  superintendent  of  schools  in  each  county  shall  receive  and 
register  the  names  of  all  applicants  for  admission  in  said  nor- 
mal university,  and  shall  present  the  same  to  the  county  court, 
or,  in  counties  acting  under  township  organization,  to  the  board 
of  supervisors,  which  said  county  court  or  board  of  supervis- 
ors, as  the  case  may  be,  shall,  together  with  the  superintend- 
ent of  schools,  examine  all  applicants  so  presented,  in  such 
manner  as  the  board  of  trustees  may  direct;  and  from  the  num- 
ber of  such  as  shall  be  found  to  possess  the  requisite  qualifi- 
cations, such  pupils  shall  be  selected  by  lot,  and  in  represent- 
ative districts  composed  of  more  than  one  county,  the  superin- 
tendent of  schools  and  county  judge,  or  the  superintendent  of 
schools  and  chairman  of  the  board  of  supervisors  hi  counties 
acting  under  township  organization,  as  the  case  may  be,  of  the 
several  counties  composing  such  representative  district,  shall 
meet  at  the  clerk's  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the  county 
court  or  board  of  supervisors  of  the  several  counties  repre- 
sented, and  found  to  possess  the  requisite  qualifications,  shall 
select  by  lot  the  number  of  pupils  to  which  said  district  is  en- 
titled. The  board  of  trustees  shall  have  discretionary  power, 
if  any  candidate  does  not  sign  and  file  with  the  secretary  of 
the  board  a  declaration  that  he  or  she  will  teach  in  the  public 
schools  within  the  State  not  less  than  three  years,  in  case  that 
engagements  can  be  secured  by  reasonable  efforts,  to  require 
[the]  candidate  to  provide  for  the  payment  of  such  fees  for 
tuition  as  the  board  may  prescribe. 

§  14.  To  enable  the  board  of  trustees  to  erect  the  buildings 
and  make  the  improvements  preparatory  to  the  reception  of 
pupils  in  said  institution,  and  to  supply  the  necessary  furni- 
ture for  the  same,  the  sum  of  seventy-five  thousand  dollars  is 
hereby  appropriated  out  of  the  State  Treasury,  payable  on  the 
orders  of  said  board,  as  required  for  use,  in  sums  not  exceed- 
ing ten  thousand  dollars  per  month.  The  first  payment  to  be 
made  on  the  first  day  of  June  next,  and  subsequent  payments 
monthly  thereafter,  but  each  successive  order  for  subsequent 
payments  shall  be  accompanied  by  an  account  sustained  by 
vouchers,  showing,  to  the  satisfaction  of  the  Auditor,  the  ex- 
penditure of  the  previous  payment. 

§  15.  The  expense  of  building,  improving,  repairing  and 
.supplying  fuel  and  furniture,  and  the  salaries  or  compensation 
of  the  trustees,  superintendent,  assistants,  agents  and  employes, 
shall  be  a  charge  upon  the  State  Treasury;  all  other  expenses 
shall  be  chargeable  against  pupils,  and  the  trustees  shall  regu- 
late the  charges  accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provided  for 
shall  be  ready  for  the  reception  of  pupils  before  the  next  reg- 
ular session  of  the  General  Assembly,  the  Governor  is  author- 
ized to  make  orders  on  the  Auditor,  directing  him  to  issue  war- 


112 

rants  at  the  end  of  each  quarter  of  the  fiscal  year  for  amounts 
sufficient  to  pay  the  expenses  chargeable  against  the  State,  and 
the  Auditor  shall  issue  warrants  accordingly,  which  shall  be 
paid  by  the  Treasurer. 

§  17.  Trustees  of  this  institution  shall  receive  their  personal 
and  traveling  expenses,  and  the  Auditor  is  hereby  authorized 
to  issue  his  warrants  quarterly,  upon  taking  the  affidavit  of 
the  trustees  as  to  the  actual  time  employed,  and  their  per- 
sonal and  traveling  expenses. 

§  18.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

APPROVED  March  9,  1869. 


EASTERN   ILLINOIS   STATE   NORMAL   SCHOOL,    CHARLESTON. 

AN  [ACT]  to  establish   and   maintain  the    Eastern  Illinois  State 

Normal  School. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  Greneral  Assembly:  That  a  body  politic 
and  corporate  is  hereby  created,  by  the  -name  of  the  Eastern 
Illinois  State  Normal  School,  to  have  perpetual  succession,  with 
power  to  contract  and  be  contracted  with,  to  sue  and  be  sued, 
to  plead  and  be  impleaded,  to  receive  by  any  legal  mode  or 
transfer  or  conveyance  property  of  any  description,  and  to  have 
and  hold  and  enjoy  the  same;  also  to  make  and  use  a  corporate 
seal  with  power  to  break  or  change  the  same,  and  adopt  by- 
laws, rules  and  regulations  for  the  government  of  its  members, 
official  agents  and  employes:  Provided,  such  by-laws  shall  not 
conflict  with  the  Constitution  of  the  United  States  or  of  this 
State. 

§  2.  The  object  of  the  said  Eastern  Illinois  State  Normal 
School  shall  be  to  qualify  teachers  for  the  common  schools  of 
this  State  by  imparting  instructions  in  the  art  of  teaching  in 
all  branches  of  study  which  pertain  to  a  common  school  educa- 
tion; in  the  elements  of  the  natural  and  of  the  physical  sciences; 
in  the  fundamental  laws  of  the  United  States  and  of  the  State 
of  Illinois,  in  regard  to  the  rights  and  duties  of  citizens. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  [inj, 
and  its  duties  performed  by,  a  board  of  trustees,  not  exceeding 
five  in  number,  to  be  appointed  as  hereinafter  provided. 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nom- 
inate, and,  by  and  with  the  advice  of  the  Senate,  appoint  five 
citizens  who  shall  be  residents  of  the  State  outside  of  the  ter- 
ritory within  which  this  school  is  to  be  located,  as  trustees  of 
said  institution,  two  of  whom  shall  serve  for  two  years  and 
three  for  four  years,  and  until  their  successors  are  appointed 
and  enter  on  duty;  and  successors  in  each  class  shall  be  ap- 


113 

pointed  in  like  manner  for  four  years:  Provided,  that  in  case 
of  a  vacancy  by  death  or  otherwise,  the  Governor  shall  appoint 
a  successor  for  the  remainder  of  the  term  vacated:  Provided, 
that  no  two  members  of  said  board  shall  be  residents  of  any 
one  county  or  in  one  senatorial  district.  The  Superintendent 
of  Public  Instruction  shall  be  a  trustee  of  said  school,  ex-officio. 

§  5.  The  said  trustees  shall  hold  their  first  meeting  at  .... 
within  one  month  from  the  time  this  act  goes  into  effect,  at 
which  meeting  they  shall  elect  one  of  their  body  as  president 
and  another  as  secretary,  and  cause  a  regular  record  to  be  made 
and  kept  of  all  their  proceedings.  The  said  board  shall  also, 
whenever  his  services  shall  be  required,  appoint  a  treasurer, 
not  a  member  of  the  board,  who  shall  give  bonds  to  the  Peo- 
ple of  the  State  of  Illinois  in  double  the  amount  of  the 
largest  sum  likely  to  come  into  his  hands,  the  penalty  to  be 
fixed  by  the  board,  conditioned  for  the  faithful  discharge  of 
his  duties  as  treasurer,  with  two  or  more  securities;  the  treas- 
urer may  also  be  required  to  execute  bonds  from  time  to  time 
as  the  board  may  direct. 

£  IK  The  treasurer  shall  keep  an  accurate  account  of  all 
moneys  received  and  paid  out;  the  account  for  articles  and  sup- 
plies of  every  kind  purchased  shall  be  kept  and  reported,  so 
as  to  show  the  kind,  quantity  and  cost  thereof. 

§  7.  No  member,  officer,  agent  or  employe  of  the  board  shall 
be  a  party  to,  or  interested  in,  any  contract  for  materials  or 
supplies. 

§  8.  Accounts  of  this  institution  shall  be  stated  and  settled 
annually  with  the  Auditor  of  Public  Accounts,  or  with  such 
person  or  persons  as  may  be  designated  by  law  for  that  pur- 
pose. And  the  trustees  shall,  ten  days  previous  to  each  regu- 
lar session  of  the  General  Assembly,  submit  to  the  Governor 
a  report  of  all  their  actions  and  proceedings  in  the  execution 
of  their  trust,  with  a  statement  of  all  accounts  connected 
therewith,  to  be  by  the  Governor  laid  before  the  General 
Assembly. 

§  9.  The  said  board  shall  meet  quarterly  at  such  place  or 
places  as  may  be  agreed  on,  and,  until  the  buildings  are  com- 
pleted, as  much  oftener  as  may  be  necessary,  and  thereafter 
the  meetings  shall  be  at  the  school. 

§  10.  The  trustees  shall,  as  soon  as  practicable  after  their 
appointment,  arrange  to  receive  from  the  localities  desiring  to 
secure  the  location  of  said  school,  proposals  for  donation  of  a 
site,  of  not  less  than  forty  acres  of  ground,  and  other  valuable 
considerations,  and  shall  locate  the  same  in  the  place  offering 
the  most  advantageous  conditions,  all  things  considered,  in 
that  portion  of  the  State  lying  north  of  the  Baltimore  &  Ohio 
Southwestern  Railroad,  and  south  of  the  Wabash  Railroad,  and 
east  of  the  main  line  of  the  Illinois  Central  Railroad,  and  the 


—8 


114 

counties  through  which  said  roads  run,  with  a  view  of  obtain- 
ing a  good  water  supply  and  other  conveniences  for  the  use 
of  the  institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  aforesaid, 
the  trustees  shall  proceed  to  secure  plans,  and  to  contract  for 
the  erection  of  buildings  in  which  to  furnish  educational  facil- 
ities for  such  number  of  students  as  hereinafter  provided  for, 
together  with  the  out-houses  required  for  use;  also  for  the  im- 
provement of  the  land  so  as  to  make  it  available  for  the  use 
of  the  institution.  -  The  buildings  shall  not  be  more  than  two 
stories  in  height,  and  be  constructed  upon  the  most  approved 
plans  for  use,  and  shall  be  of  sufficient  capacity  to  accommodate 
not  less  than  one  thousand  students,  with  the  officers  and  neces- 
sary attendants.  The  outside  walls  to  be  of  hewn  stone  or  brick, 
partition  walls  of  brick,  or  equally  good  fire-proof  material;  roof 
of  slate,  and  the  whole  buildings  made  fire  resisting,  and  so  con- 
structed as  to  be  warmed  in  the  most  healthful  and  economical 
manner,  with  ample  ventilation  in  all  its  parts,  The  out-houses 
shall  be  so  placed  and  constructed  as  to  avoid  all  danger  to  the 
main  buildings  from  fire  originating  in  any  one  of  them.  The  board 
shall  appoint  a  trustworthy  and  competent  superintendent  of  the 
buildings  and  improvements  aforesaid,  whose  duty  it  shall  be  to 
be  always  present  during  the  progress  of  the  work,  and  see  that 
every  brick,  stone  and  piece  of  timber  used  is  sound  and  properly 
placed,  and  whose  right  it  shall  be  to  require  contractors  and 
their  employes  to  conform  to  his  directions  in  executing  their 
contracts:  Provided,  however,  that  said  board  of  trustees  shall 
not  appoint  any  one  of  their  number  such  superintendent:  And, 
provided,  further,  that  the  buildings  aforesaid  may  be  erected  and 
improvements  made  under  the  direction  of  the  board  and  super- 
intendent, without  letting  the  same  to  contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors,  to- 
gether with  such  other  officers  as  may  be  required  in  the  said 
normal  schools,  fix  their  respective  salaries  and  prescribe  their 
several  duties.  They  shall  also  have  power  to  remove  any  of 
them  for  proper  cause  after  having  given  ten  days'  notice  of  any 
charge  which  may  be  duly  presented,  and  reasonable  opportunity 
of  defense.  They  shall  also  prescribe  the  text-books,  apparatus 
and  furniture  to  be  used  in  the  school,  and  provide  the  same,  and 
shall  make  all  regulations  necessary  for  this  management. 

§  13.  All  the  counties  of  the  State  shall  be  entitled  to 
gratuitous  instruction  for  two  pupils  for  each  county  in  said 
normal  school,  and  each  representative  district  shall  be  entitled 
to  gratuitous  instruction  for  a  number  of  pupils  equal  to  the 
number  of  representatives  in  said  district,  to  be  chosen  in  the 
following  manner:  The  superintendent  of  schools  in  each  county 
shall  receive  and  register  the  names  of  all  applicants  for  admis- 
sion in  said  normal  school,  and  shall  present  the  same  to  the 
county  court,  or  in  counties  acting  under  township  organization, 
to  the  board  of  supervisors,  as  the  case  may  be,  shall,  together 


115 

with  the  superintendent  of  schools,  examine  all  applicants  so  pre- 
sented, in  such  manner  as  the  board  of  trustees  may  direct;  and 
from  the  number  of  such  as  shall  be  found  to  possess  the  requisite 
qualifications,  such  pupils  shall  be  selected  by  lot;  and  in 
representative  districts  composed  of  more  than  one  county,  the 
superintendent  of  schools  and  county  judge,  or  the  superintend- 
ent of  schools  and  the  chairman  of  the  board  of  supervisors  in 
counties  acting  under  township  organization,  as  the  case  may  be, 
of  the  several  counties  composing  such  representative  district, 
shall  meet  at  the  clerk's  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the  county  court 
or  board  of  supervisors  of  the  several  counties  represented,  and 
found  to  possess  the  requisite  qualifications,  shall  select  by  lot 
the  pupils  to  which  said  district  is  entitled.  The  board  of  trus- 
tees shall  have  discretionary  power,  if  any  candidate  does  not 
sign  and  file  with  the  secretary  of  the  board  a  declaration  that  he 
or  she  will  teach  in  the  public  schools  within  the  State  not  less 
than  three  years,  in  case  that  engagements  can  be  secured  by 
reasonable  efforts,  to  require  the  candidate  to  provide  for  the  pay- 
ment of  such  fees  for  buition,  as  the  board  may  prescribe. 

g  14.  To  enable  the  board  of  trustees  to  erect  the  build- 
ings and  make  the  improvements  preparatory  to  the  reception 
of  pupils  in  said  institution,  to  supply  the  necessary  furniture 
for  the  same,  and  for  the  first  year's  instruction,  the  sum 
of  fifty  thousand  dollars  is  hereby  appropriated  out  of  the 
State  Treasury,  payable  on  the  orders  of  said  board,  as  re- 
quired for  use,  in  sums  not  exceeding  ten  thousand  dollars  per 
month;  the  first  payment  to  be  made  on  the  first  day  of  July, 
1*<»6,  and  subsequent  payments  shall  be  accompanied  by  an  ac- 
count, sustained  by  vouchers,  showing  to  the  satisfaction  of  the 
Auditor  and  with  the  approval  of  the  Governor,  the  expenditure 
of  the  previous  payment. 

§  15.  The  expense  of  the  building,  improving,  repairing 
and  supplying  fuel  and  furniture,  and  the  necessary  appliances 
and  apparatus  for  conducting  said  school,  and  the  salaries  or 
compensation  of  trustees,  superintendent,  assistants,  agents 
and  employes,  shall  be  a  charge  upon  the  State  Treasury; 
all  other  expenses  shall  be  chargeable  against  pupils  and  the 
trustees  shall  regulate  the  charges  accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provided 
'for  shall  be  ready  for  the  reception  of  pupils  before  the  next 
regular  session  of  the  the  General  Assembly,  the  Governor  is 
authorized  to  make  orders  on  the  Auditor,  directing  him  to 
issue  warrants  at  the  end  of  each  quarter  of  the  fiscal  year 
for  amounts  sufficient  to  pay  expenses  chargeable  against  the 
State  out  of  the  above  named  appropriation  of  fifty  thousand 
dollars,  and  the  Auditor  shall  issue  warrants  accordingly,  which 
shall  be  paid  by  the  Treasurer. 

§  17.  The  trustees  of  the  institution  shall  receive  their  per- 
sonal and  traveling  expenses,  and  the  Auditor  is  hereby  author- 


116 

ized  to  issue  warrants  quarterly,  upon  taking  the  affidavit  of 
the  trustees  as  to  the  actual  time  employed,  and  their  personal 
and  traveling  expenses. 

APPROVED  May  22,  1895. 


NORTHERN   ILLINOIS   STATE   NORMAL    SCHOOL,    DEKALB. 

AN  ACT  to  establish  and  to  maintain  the  Northern  Illinois  State 

Normal  School. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  body  politic  and 
corporate  is  hereby  created,  by  the  name  of  the  Northern  Illi- 
nois State  Normal  School,  to  have  perpetual  succession,  with 
power  to  contract  and  be  contracted  with,  to  sue  and  be  sued, 
to  plead  and  be  impleaded,  to  receive  by  any  legal  mode  or 
transfer  or  conveyance  property  of  any  description,  and  to 
have  and  hold  and  enjoy  the  same;  also  to  make  and  use  a 
corporate  seal  with  power  to  break  or  change  the  same,  and 
adopt  by-laws,  rules  and  regulations  for  the  government  of 
its  members,  official  agents  and  employes:  Provided,  such  by- 
laws shall  not  conflict  with  the  Constitution  of  the  United 
States  or  of  this  State. 

§  2.  The  object  of  the  said  Northern  Illinois  State  Normal 
School  shall  be  to  qualify  teachers  for  the  common  schools  of 
this  State  by  imparting  instruction  in  the  art  of  teaching  in 
all  branches  of  study  which  pertain  to  a  common  school  educa- 
tion, in  the  elements  of  the  natural  and  of  the  physical  sciences, 
in  the*  fundamental  laws  of  the  United  States  and  of  the  State  of 
Illinois,  in  regard  to  the  rights  and  duties  of  citizens. 

§  3.  The  powers  of  the  said  corporation  shall  be  vested  in,  and 
its  duties  performed  by,  a  board  of  trustees,  not  exceeding  five 
in  number,  to  be  appointed  as  hereinafter  provided. 

§  4.  Upon  the  passage  of  this  act,  the  Governor  shall  nomi- 
nate, and  by  and  with  the  advice  of  the  Senate,  appoint  five 
citizens  of  the  State  as  trustees  of  said  institution,  two  of 
whom  shall  serve  for  two  years,  and  three  for  four  years,  and 
until  their  successors  are  appointed  and  enter  on  duty,  and 
successors  in  each  class  shall  be  appointed  in  like  manner  for 
four  years:  Provided,  that  in  case  of  a  vacancy  by  death  or 
otherwise,  the  Governor  shall  appoint  a  successor  for  the 
remainder  of  the  term  vacated:  Provided,  that  *no  two  mem- 
bers of  said  board  shall  be  residents  of  any  one  county,  or  in 
one  congressional  district.  The  Superintendent  of  Public  In- 
struction shall  be  a  trustee  of  this  school,  ex-officio. 

§  5.     The  said    trustees    shall    hold    their    first    meeting    at 
..... .  .  .within  one  month  from  the  time  this  act  goes  into  effect, 

at  which  meeting  they  shall  elect  one  of  their  body  as  president 


117 

and  another  as  secretary,  and  cause  a  regular  record  to  be  made 
and  kept  of  all  their  proceedings.  The  said  board  shall  also, 
whenever  his  services  shall  be  required,  appoint  a  treasurer,  not 
a  member  of  the  board,  who  shall  give  bonds  to  the  People  of 
the  State  of  Illinois  in  double  the  amount  of  the  largest  sum 
likely  to  come  into  his  hands,  the  penalty  to  be  fixed  by  the 
board,  conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer,  with  two  or  more  securities;  the  treasurer  may  also 
be  required  to  execute  bonds  from  time  to  time  as  the  board  may 
direct. 

£  6.  The  treasurer  shall  keep  an  accurate  account  of  all 
moneys  received  and  paid  out;  the  account  for  articles  and  sup- 
plies of  every  kind  purchased  shall  be  kept  and  reported,  so  as 
to  show  the  kind,  quantity  and  cost  thereof. 

£  7.  No  member,  officer,  agen  t  or  employe  of  the  board  shall 
I)*-  a  party  to  or  interested  in  any  contract  for  materials  or 

supplies. 

£  *.  Accounts  of  this  institution  shall  be  stated  and  settled 
annually  with  the  Auditor  of  Public  Accounts,  or  with  such 
person  or  persons  as  may  be  designated  by  law  for  that  pur- 
pose. And  the  trustees  shall,  ten  days  previous  to  each  regu- 
lar session  of  the  General  Assembly,  submit  to  the  Governor 
a  report  of  all  their  actions  and  proceedings  in  the  execution 
of  their  trust,  with  a  statement  of  all  accounts  connected  there- 
with, to  be  by  the  Governor  laid  before  the  General  Assembly. 

£  it.  The  said  board  shall  meet  quarterly  at  such  place  or 
places  as  may  be  agree  i  on.  and,  until  the  buildings  are  com- 
plete :1,  as  much  oftener  as  may  be  necessary,  and  thereafter 
the  meetings  shall  be  at  the  school. 

£  1.0.  The  trustees,  shall,  as  soon  as  practicable  after  their 
appointment,  arrange  to  receive  from  the  localities  desiring  to 
secure  the  location  of  said  school,  proposals  for  the  donation 
of  a  site,  of  not  less  than  forty  acres  of  ground,  and  other 
valuable  considerations,  and  shall  locate  the  same  in  the  place 
offering  the  most  advantageous  conditions,  all  things  considered, 
as  nearly  central  as  possible  in  that  portion  of  the  State, 
lying  north  of  the  main  line  of  the  C.,  R.  I.  &  P.  R.  R.,  with 
a  view  of  obt lining  a  good  water  supply  and  other  conveniences 
for  the  use  of  the  institution. 

£  11.  Upon  the  selection  and  securing  the  land  aforesaid, 
the  trustees  shall  proceed  to  secure  plans  and  to  contrp.ct  for 
the  erection  of  buildings  in  which  to  furnish  educational 
facilities  for  such  number  of  stulents  as  hereinaftar  provided 
for,  together  with  the  outhouses  require!  for  use,  also  for  the 
improvement  of  the  land  so  as  to  make  it  available  for  the  use 
of  the  institution.  The  building  shall  not  be  more  than  two 
stories  in  height,  and  be  constructed  upon  the  most  approved 
plan  for  use,  and  shall  be  of  sufficient  capacity  to  accommodate 
not  less  than  one  thousand  students,  with  the  officers  and 
necessary  attendants.  Tne  outside  walls  to  be  of  hewn  stone 


118 

or  brick,  partition  walls  of  brick,  or  equally  good  fire-proof 
material;  roof  of  slate,  and  the  whole  buildings  made  fire-resist- 
ing, and  so  constructed  as  to  be  warmed  in  the  most  healthful 
and  economical  manner,  with  ample  ventilation  in  all  its  parts. 
The  out -houses  shall  be  so  placed  and  constructed  as  to  avoid 
all  danger  to  the  main  buildings  from  fire  originating  in  any 
one  of  them.  The  board  shall  appoint  a  trustworthy  and  com- 
petent superintendent  of  the  buildings  and  improvements  afore- 
said, whose  duty  it  shall  be  to  be  always  present  during  the 
progress  of  the  work,  and  see  that  every  brick,  stone  and  piece 
of  timber  used  is  sound  and  properly  placed,  and  whose  right 
it  shall  be  to  require  contractors  and  their  employes  to  conform  to 
his  directions  in  executing  their  contracts:  Provided,  however, 
that  said  board  of  trustees  shall  not  appoint  any  one  of  their 
number  such  superintendent:  And,  provided,  Jurlher,  that  the 
buildings  aforesaid  may  be  erected  and  improvements  made 
under  the  the  direction  of  the  board  and  superintendent,  with- 
out letting  the  same  to  contractors. 

§  12.  The  said  board  of  trustees  shall  appoint  instructors, 
together  with  such  other  officers  as  may  be  required  in  the 
said  normal  schools,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause  after  having  given  ten  days  notice  of 
any  charge  which  may  be  duly  presented,  and  reasonable 
opportunity  of  defense.  They  shall  also  prescribe  the  text- 
books, apparatus  and  furniture  to  be  used  in  the  school  and 
provide  the  same,  and  shall  make  all  regulations  necessary  for 
this  management. 

§  13.  All  the  counties  of  the  State  shall  be  entitled  to  gra- 
tuitous instruction  for  two  pupils  for  each  county  in  said  normal 
school,  and  each  representative  district  shall  be  entitled  to 
gratuitous  instruction  for  a  number  of  pupils  equal  to  the  num- 
ber of  representatives  in  said  district,  to  be  chosen  in  the  fol- 
lowing manner:  The  superintendent  of  schools  in  each  county 
shall  receive  and  register  the  names  of  all  applicants  for  ad- 
mission in  said  normal  school  and  shall  present  the  same  to 
the  county  court,  or  in  counties  acting  under  township  organi- 
zation, to  the  board  of  supervisors,  as  the  case  may  be,  shall, 
together  with  the  superintendent  of  schools,  examine  all  appli- 
cants so  presented,  in  such  manner  as  the  board  of  trustees 
may  direct,  and  from  the  number  of  such  as  shall  be  found  to 
possess  the  requisite  qualifications,  such  pupils  shall  be  selected 
by  lot,  and  in  representative  districts  composed  of  more  than 
one  county,  the  superintendent  of  schools  and  county  judge, 
or  the  superintendent  of  schools  and  the  chairman  of  the  board 
of  supervisors  in  the  counties  acting  under  township  organization, 
as  the  case  may  be,  of  the  several  counties  composing  such  rep- 
resentative district,  shall  meet  at  the  clerk's  office  of  the  county 
court  of  the  oldest  county,  and  from  the  applicants  so  presented 
to  the  county  court  or  board  of  supervisors  of  the  several 
counties  represented,  and  found  to  possess  the  requisite  quali- 


119 

fications,  shall  select  by  lot  <the  pupils  to  which  said  district  is 
entitled.  The  board  of  trustees  shall  have  discretionary  power, 
if  any  candidate  does  not  sign  and  file  with  the  the  secretary 
of  the  board  a  declaration  that  he  or  she  will  teach  in  the  pub- 
lic schools  within  the  State  not  less  than  three  years,  in  case 
that  engagements  can  be  secured  by  reasonable  efforts,  to  re- 
quire the  candidate  to  provide  for  the  payment  of  such  fees  for 
tuition  as  the  board  may  prescribe. 

§  14.  To  enable  the  board  of  trustees  to  erect  the  buildings 
and  make  the  improvement  preparatory  to  the  reception  of  pupils 
in  said  institution,  to  supply  the  necessary  furniture  for  the 
same,  and  for  the  first  year's  instruction,  the  sum  of  fifty  thou- 
sand dollars  is  hereby  appropriated  out  of  the  State  Treasury, 
payable  on  the  orders  of  said  board,  as  required  for  use,  in 
sums  not  exceeding  ten  thousand  dollars  per  month,  the  first 
payment  to  be  made  on  the  first  day  of  July,  1896,  and  subsequent 
payments  shall  be  accompanied  by  an  account,  sustained  by 
vouchers,  showing  to  the  satisfaction  of  the  Auditor  the  expendi- 
ture of  the  previous  payment,  and  approved  by  the  Governor. 

§  15.  The  expense  of  the  building,  improving,  repairing  and 
supplying  fuel  and  furniture,  and  the  necessary  appliances  and 
apparatus  for  conducting  said  school,  and  the  salaries  or  compen- 
sation of  the  trustees,  superintendent,  assistants,  agents  and  em  - 
ploye*s,  shall  be  a  charge  upon  the  State  Treasury;  all  other  ex- 
penses shall  be  chargeable  against  pupils,  and  the  trustees  shall 
regulate  the  charges  accordingly. 

§  16.  If  the  buildings  and  improvements  herein  provided 
for  shall  be  ready  for  the  reception  of  pupils  before  the  next 
regular  session  of  the  General  Assembly,  the  Governor  is  author- 
ized to  make  orders  on  the  Auditor,  directing  him  to  issue  war- 
rants at  the  end  of  each  quarter  of  the  fiscal  year  for  amounts 
suificient  to  pay  expenses  chargeable  against  the  State  out  of  the 
above  named  appropriation  of  fifty  thousand  dollars,  and  the 
Auditor  shall  issue  warrants  accordingly,  which  shall  be  paid  by 
the  Treasurer. 

§  17.  The  trustees  of  this  institution  shall  receive  their  per- 
sonal and  traveling  expenses,  and  the  Auditor  is  hereby  author- 
ized to  issue  warrants  quarterly,  upon  taking  the  affidavit  of  the 
trustees  as  to  the  actual  time  employed,  and  their  personal  and 
traveling  expenses. 

APPROVED  May  22,  1895. 

COUNTY  NORMAL  SCHOOLS. 

AN  ACT  io  enable  counties  1o  establish  county  normal  schools. 
SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  each  county  adopt- 
ing township  organization,  the  board  of  supervisors,  and  in 
other  counties  the  county  court,  may  establish  a  county  nor- 
mal school  for  the  purpose  of  fitting  teachers  for  the  common 


120 

schools.  That  they  shall  be  authorized  to  levy  taxes  and  ap- 
propriate moneys  for  the  support  of  said  schools,  and  also  for 
the  purchase  of  necessary  grounds  and  buildings,  furniture, 
apparatus,  etc.,  and  to  hold  .and  acquire,  by  gift  or  purchase, 
either  from  individuals  or  corporations,  any  real  estate,  build- 
ings or  other  property,  for  the  use  of  said  schools,  said  taxes 
to  be  levied  and  collected  as  all  other  county  taxes:  Provided, 
that  in  counties  not  under  township  organization,  county  courts 
shall  not  be  authorized  to  proceed  under  the  provisions  of  this 
act  until  the  subject  shall  have  been  submitted  to  a  vote  of 
the  people,  at  a  general  election,  and  it  shall  appear  that  a 
majority  of  all  the  votes  cast  on  the  subject,  at  said  election, 
shall  be  in  favor  of  the  establishment  of  a  county  normal  school. 
The  ballots  used  in  voting  on  this  subject  may  read  "For  a 
county  normal  school,"  or  "Against  a  county  normal  school." 

§  2.  The  management  and  control  of  said  school  shall  be  in  a 
county  board  of  education,  consisting  of  not  less  than  five  or 
more  than  eight  persons,  of  which  board  the  chairman  of  the 
board  of  supervisors  or  the  judge  of  the  county  court,  as  the  case 
may  be,  and  the  county  superintendent  of  schools,  shall  be  ex 
officio  members.  The  other  members  shall  be  chosen  by  the 
board  of  supervisors  or  county  court,  and  shall  hold  their  offices 
for  the  term  of  three  years.  But  at  the  first  election  one-tjiird 
shall  be  chosen  for  one  year,  one- third  for  two  years,  and  one- 
third  for  three  years,  and  thereafter  one  third  shall  be  elected 
annually.  Said  election  shall  be  held  at  the  annual  meeting  of 
the  board  of  supervisors  in  September,  or  at  the  September  term 
of  the  county  court,  as  the  case  may  be. 

§  3.  Said  board  of  education  shall  have  power  to  hire  teach- 
ers, and  to  make  and  enforce  all  needful  rules  and  regulations 
for  the  management  of  said  schools.  A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  and  a 
meeting  of  said  board  may  be  called  at  any  time  by  the  president 
or  secretary,  or  by  any  three  of  the  members  thereof.  Said 
board  shall  proceed  to  organize,  within  twenty  days  after  their 
appointment,  by  electing  a  president,  who  shall  hold  his  office 
for  one  year,  and  until  his  successor  shall  be  appointed.  The 
county  superintendent  shall  be,  ex  officio,  secretary  of  the  board. 
Said  board  shall  make  to  the  board  of  supervisors,  at  their  an- 
nual meeting  in  September,  or  to  the  county  court  at  the  Sep- 
tember term,  as  the  case  may  be,  a  full  report  of  the  condition 
and  expenditures  of  said  county  normal  school,  together  with  an 
estimate  of  the  expenses  of  said  school  for  the  ensuing  year. 

§  4.  Two  or  more  counties  may  unite  in  establishing  a  normal 
school,  in  which  case  the  per  cent,  of  tax  levied  for  the  support 
of  said  school  shall  be  the  same  in  each  county. 

§  5.  In  all  counties  that  have  already  established  normal 
schools,  the  action  of  the  board  of  supervisors  in  so  doing,  and 
all  appropriations  made  by  them  for  their  support,  are  hereby 
legalized,  and  said  board  of  supervisors  are  hereby  authorized 


121 

and  empowered  to  make  further  appropriations  for  the  support 
of  such  schools  already  established,  until  such  schools  shall  have 
been  established  under  the  previous  sections  of  this  act. 

£  6.  No  member  of  the  aforesaid  county  board  of  education 
shall  be  entitled  to  compensation  for  services  rendered  as  a  mem- 
ber of  such  board. 

§  7.     This  act  shall  be  in  force  from  and  after  its  passage. 
APPROVED  March  15,  1869. 


THE   ILLINOIS   UNIVERSITY. 

AN  ACT  io  provide  for  Stale  scholarships  in  the  University  of 
lllwoip,  and  the  manner  of  awarding  1he  same.  Approved 
June  24,  1895.  In  force  July  1,  1895. 

SECTION  1.  Be  it  enacled  by  Ihe  People  of  the  Stale  of  Illinois, 
represented  m  the  General  Assembly:  That  to  equalize  the  ad- 
A^antages  of  the  University  of  Illinois '  to  all  parts  of  the  State, 
there  shall  be  awarded  annually,  as  hereinafter  provided,  to 
each  county  of  the  State  one  State  scholarship,  which  shall 
entitle  the  holder  thereof,  who  shall  be  a  resident  of  the 
senatorial  district  to  which  he  is  accredited,  to  instruction  in 
any  or  all  departments  of  said  University  of  Illinois  for  a  term 
of  four  years,  free  from  any  charge  for  tuition  or  any  inci- 
dental charge,  unless  such  incidental  charges  shall  have  been 
made  for  materials  used  or  for  damages  needlessly  done  to 
property  of  the  University:  Provided,  that  in  counties  having 
two  or  more  senatorial  districts,  there  shall  be  awrarded  an- 
nually one  additional  scholarship  for  each 'of  said  senatorial 
districts. 

§  2.  A  competitive  examination  under  the  direction  of  the 
Superintendent  of  Public  Instruction  shall  be  held  at  the 
county  court  house  in  each  county  of  the  State  upon  the  first 
Saturday  of  June  in  each  and  every  year  by  the  county  super- 
intendent of  schools,  upon  such  branches  of  study  as  said 
Superintendent  of  Public  Instruction  and  the  President  of  said 
University  may  deem  best. 

§  3.  Questions  for  such  examinations  shall  be  prepared  and 
furnished  by  the  President  of  the  University  to  the  Superintend- 
ent of  Public  Instruction,  who  shall  attend  to  the  printing  and 
distribution  thereof  to  the  several  county  superintendents  of 
schools  prior  to  such  examinations. 

§  4.  In  case  any  candidate  who  shall  be  awarded  a  scholar- 
ship shall  fail  to  pass  the  entrance  examination  to  the  Uni- 
versity, or  shall  fail  to  claim  the  privileges  of  such  scholarship, 
or,  having  claimed  the  privileges,  shall  be  expelled,  or  for  any 
reason  shall  abandon  his  right  to,  or  vacate,  such  scholarship, 
either  before  or  after  entering  thereupon,  then  the  candidate 
certified  to  be  next  entitled  in  the  same  county  shall  become 


122 

entitled  to  the  same.  In  case  any  scholarship  belonging  to 
any  county  shall  not  be  claimed  by  any  candidate  resident  in 
that  county,  the  Superintendent  of  .  Public  Instruction  may  fill 
the  same  by  -  appointing  some  candidate  first  entitled  to  a 
vacancy  in  some  other  county,  after  notice  has  been  served 
upon  the  county  superintendent  of  said  first  mentioned  county. 

§  5.  The  county  superintendents  shall,  within  ten  days  after 
such  examination,  make  and  file  in  the  office  of  the  Superin- 
tendent of  Public  Instruction  certificates,  in  which  they  shall 
name  all  the  candidates  examined,  and  specify  the  order  of 
their  excellence;  and  such  candidates  shall,  in  the  order  of 
their  excellence,  become  entitled  to  the  scholarships  belonging 
to  their  respective  counties.  The  examination  papers  handed 
in  by  each  candidate  shall  also  be  filed  with  the  certificate  of 
examination. 

§  6.  Candidates,  to  be  eligible  to  said  scholarship,  shall  be 
at  least  sixteen  years  of  age,  and  shall  have  been  bona  fide 
residents  of  their  respective  counties  for  at  least  one  year  imme- 
diately preceding  the  examination. 

§  7.  Any  student  holding  a  State  scholarship,  and  who  shall 
make  it  appear  to  the  satisfaction  of  the  President  of  the  Uni- 
versity that  he  requires  leave  of  absence  for  the  purpose  of 
earning  funds  to  defray  his  expenses  while  in  attendance, 
may,  in  the  discretion  of  the  President,  be  granted  such  a 
leave  of  absence,  and  may  be  allowed  a  period  not  exceeding 
six  years  from  commencement  thereof  for  the  completion  of 
his  course  at  said  University. 

§  8.  Notices  of  the  time  and  place  of  the  examination  shall 
be  given  in  the  schools  having  pupils  eligible  thereto  prior  to 
the  first  day  of  January  in  each  year.  The  Superintendent  of 
Public  Instruction  shall  attend  to  the  giving  of  the  notices 
hereinbefore  provided  for.  He  may,  in  his  discretion,  direct 
that  the  examination  in  any  county  may  be  held  at  some  other 
time  and  place  than  that  hereinbefore  specified.  He  shall  keep 
full  records  in  his  department  of  the  reports  of  the  different 
examiners,  showing  the  age,  post-office  address  and  standing 
of  each  candidate,  and  shall  notify  candidates  of  their  rights 
under  this  act.  He  is  hereby  charged  with  the  general  super- 
vision and  direction  of  all  matters  in  connection  with  the  fill- 
ing of  such  scholarships.  He  shall  determine  any  controversy 
which  may  arise  under  this  act. 

§  9.  Students  enjoying  the  privileges  of  State  scholarships 
shall,  in  common  with  other  -students  of  said  University,  be 
subject  to  all  the  examinations,  rules  and  requirements  of  the 
board  of  trustees  and  faculty,  except  as  herein  provided. 

§  10.  Nothing  herein  contained  shall  be  construed  to  pre- 
vent the  board  of  trustees  of  said  University  from  granting 
such  other  free  scholarships  as  in  their  discretion  may  be 
deemed  best 


123 


INDEX. 


PAGE. 
Accounts    of  county  superintendent,    how 

kept 11 

of  township    treasurer,    examined    by 

county  superintendent 10 

same,  how  kept 33 

same,  subject  to  inspection 34 

of  township  treasurer  with  school  dis- 
tricts      37 

same, semi-annual  statement  of. 37 

Actions,  civil— 

against  collector  of  taxes 11,64 

against  county  board 70 

against    persons    failing    to    pay  over 

fines  and  forfeitures 81 

against  purchaser  of  school  lands 77 

against  school  officers 83,84 

against  townnhtp  treasurer...   3U,83 

against  township  trustees  .. .  13,18,30,83,84 
against  trespassers  on  school  lands  ...     75 

to  recover  interest  36 

to  recover  on  mortgages 36 

to  recover  on  notes,    etc.,   belonging  to 

the  scho6l  fund 34,36 

Actions,  criminal— 

against  school  officers 84 

against     persons    preventing     colored 

children  from  attending  school 86 

against  trespassers  on  school  lands  ...     75 

Acts, official,  to  be  recorded 19, 42,51 

repealed 88 

special,  may  be  relinquished 31 

Administrators  to  give  preference  to  debts 

due  the  school  fund 36 

Advertisements  of  sale  of  school  houses  or 

site 21 

of  sale  of  school  lands 22, 76 

Advice  given  to  school  officers  by  State 

Superintendent 5 

to  school  officers  and  teachers  by  coun- 
ty superintendents 10 

Age  of  persons  enumerated  in  school  cen- 
sus       20 

in  statiat'cs  of  illiteracy 20 

of  school  children 43 

taken    as    basis    of  apportionment   of 

funds  13,19,71 

Apparatus,  school  may  be  purchased  45 

may  not  be  sold  by  school  teacher  or 

officer 7,43,85 

Appeal    from    county     superintendent   to 

State  Superintendent 14 

from    trustees   to     county   superinten- 
dent   26,27 

Apportionment  of  funds  by  Auditor 71 

by  countv  superintendent 13 

by  township  trustees 19 

Appraisal    and     distribution     of    district.- 
property,     when    a    new    district  is 

formed 29,30 

of  school  lands 76 


PAGE. 

Appraisers,  how  appointed 30 

Assessor  to  note  number  of  districts,  in  as- 
sessing personal  property 63 

Assistant  of  county  superintendent 8 

his  compensation 9 

Attachment,  writ  of,  etc 34 

Attorneys,  State's,   duties  of,  with  regard 

to  liens  and  forfeitures 80 

Auditor,  State,  to  apportion  public  funds  71 
to  withhold  funds  at  request  of  State 

Superintendent 6 

to  file  transcript  of  land  sales.  78 

to  issue  patents  for  school  lands 78 

to  issue  warrant   for    pay    o.'    county 

superintendent 9,69 

when  patents    ai«    lost  to  issue  dupli- 
cates               .  79 


Board  of  directors 40 

Poard  of  Education  of  the  State  of  Illi- 
nois, the 5,99- 

Board  of  Education  of  the  township— See 
"Township  Board  of  Education.'" 

Board  of  Education 48 

appointed  when 52,90 

elected  when 48, 9? 

funds  withheld  from 87 

in  cities  of  1,000,  powers  and  duties  of..  50 
in  cities  of  100,000,  powers  and  duties 

of 53 

in  cities  with  special  school  charters.. ..  92 

term  of  office  of 48, 90 

to  make  reports 51 

to  appoint  a  truant  officer  to  enforce 

compulsory  law 96 

Bond- 
official,  county  superintendent's 7 

approval  of 7 

custodian  of. 8 

form  of 7,3 

insufficiency  of 8 

State  Superintendent's,  approval  of 

custodian  of. 3 

township     treasurer's,     approved     by 

county  superintendent 13 

same,  by  trustees 32 

custodian  of 13 

form  of 33 

insufficiency  of 13 

same,  trustees  liable  for 84 

Bonded   debt,  how  disposed  of  in   case  of 

change  of  district  lines 28 

Bonds 64 

original  issue  of „. ..  65  v 

same,  amount  limited -. ..  65 

same,  registry  of    65 

refunding   without     registration    with 

Auditor 66 

vote  of  people  for  the  issue  necessary, ..  65 


124 


Books.    See  "Text  books'1.  PAGE. 

Boundaries,  district.     See  "District  boun- 
daries " 

Branches  of  study   determined  by  direct- 
ors  44,53,54,57 

by  voters 57 

See  also  "Teacher's  certificate." 


Census    of   children     under   21    taken    by 

county  superintendent 12, 13 

by  directors 42 

by  trustees    20 

State  basis  of  apportionment,  by  Auditor  71 
Certificate    of   amount    of   tax    due   each 

district 62 

of  tax  levy 62 

how    made   when    district    lies  in  two 

or  more  counties  62 

Certificate  of  licensure,  teachers 54,56 

age  of  applicants  57 

essential  that  the  tearher  have  one 
good  for  the  entire  term  of  his  con- 
tract  44,57 

issued  by  county  superintendents 56 

same,  examinations  for 56 

same,  form  of 57 

same,  fee  for 67 

same,  grades  of 56 

same,  qualifications  for 56 

same,  record  of. 57 

same,  renewal  of       57 

same,  revocation  of 56 

issued  by  State  Superintendent •  56 

same,  examination  for 56 

same,  revocation  of 56 

Certificate    of    purchase       See    "Common 
school  lamis  " 

Changes  of  text  books     44 

Charitable  institutions.  State  educational, 

visited  b.v  State  Superintendent 5 

to  make  report  .     ..         6 

Children,   all  to   receive  a  good  common 

school  educat'on 1,43 

scoured  the  right  to  instruction  in  the 
branches  of  un  elementary  educa- 
tion    96 

colored,  rights  01  in  public  schools 86 

illiterate,  number  of  reported 4,20 

number  of  in  public  schools,  re- 
ported   4,20,42 

number  of  under  2!,  basis  of  appor- 
tionment  13,19,71 

number  of  under  21.  reported 4,20,42 

penalty  for  employing,  when  under  13..  94 

penalty  for  failure  to  report 84 

penalty  for  falne  report 84 

under  13,  unlawful  to  hire.    94 

Churches  to  receive  no  appropriation  from 

scho-lfund  85 

Cities  and  towns— 

of  1,000  inhabitants 49 

of  100, 000  inhabitants  52 

to  forfeit  funds,  when 87 

with  special  charters 51,52,87 

same,  modified... 61,87,90,91 

Clerk  oi  board  of  directors,  appointed  42 

compensation  of 45 

to  enter  treasurer's  exhibit  on  records..  38 

to  keep  a  record      ....             42 

same,  to  submit  to  treasurer 42 

to  post  exhibit  of  treasurer  at  annual 

election....           44 

to  report  to  township  treasurer  42 

board    of   trustees         See    "Township 

treasurer." 
Clerks  of  courts  of  record  to  report  and  pay 

over  fines  and  forfeitures 80 

Collectors  of  taxes —  ; 

liability  of,  lor  non-payment  of  district 

taxes  collected 64 


Collectors  of  taxes —                                     PAGE. 
to   give    notice    to    directors  and  trus- 
tees  86,87 

to  pay  amount  of  Auditor's  warrant  to 

county  superintendent 71 

to    pay    amount  of   district    taxes  col- 
lected to  township  treasurer     63 

to  state  to  township  treasurer  amount 

of  district  taxes  uncollected 64 

Colleges,  etc.,  to  report.       ..          87 

Colored  children  in  public  schools 86 

Common  school  lands — (16th  section)... 74 

business    with    regard    thereto,    where 

transacted    74 

certificate  of  purchase  of 78 

same,    filed    with    county  superintend- 
ent   78,79 

same,  duplicate  of. .     79 

patents,  conveying  title  to 78 

same,  duplicates    ...         79 

payment  to  secure  purchase 77 

same,  failure  to  make 77 

rental  of. 74 

right  of  way  over,  granted  75 

sale  of 75 

same,  advertisement  of 76,77 

same,  at'private  sale 78 

same,  made  by  county  superintendent..  78 

same,  manner  of   78 

same,  petition  for 75 

same,  in  fractional  townships 75 

same,  notice  of,  given  trustees  76 

same,  place  of rt 

same,  terms  of   77 

sale  of  at  subsequent  time  78 

statement  ot  sales  of,  to  county   board  78 

same,  examined  and  recorded.     78 

same,  transcript  of,  filer!  with  Auditor..  78 

trustees  to  divide  into  lots  and  plat  ...  76 

tovaluelots      76 

to  re-value  lots  . 78 

See  alno  "Real  estate  " 

Compensation  of  school  officers 88 

of  assistants  of  county  superintendent.  9 

of  clerk  of  board  of  directors 45 

of  county  superintendent 9 

of  townsh  p  treasurer 40 

Compulsory  attendance 96 

Condemnation  of  land  for  school  site 46 

Consolidation  of  districts.      See  "District 

boundaries  " 
of  townships.    See  "Township '' 

Constitution   of  Illinois,  1870,  Art.   V,  Sec. 

1,  and  Art.  VIII  of 1 

Contracts  made  by  boards  of  trustees  and 
directors,   members  not  to  be  inter- 

estelin 43,85 

made  with  teachers,  conditions    of  va- 
lidity of 55,56 

Control  of  school  houses 45 

Controversies  arininy:  under  school  law 14 

appeal  of,  to  State  Superintendent  .....  5 

Conveyance  of  real  estate  by  county  super- 
intendent  ! 11,79 

by  trustees  22,76 

to  cities  in  trust 55 

Corporation,  board  of  education,  a 49 

board  of  directors,  a  40 

board  of  trustees,  a . , 15 

not  to  make  sectarian  grants 1,85 

Costs  not    chargeable  to  school    officers, 

when    86 

County  board 69 

bills   of    county   superintendent  to  be 

audited  by 9,70 

bond    of    county     superintendent   ap- 
proved b.v 

examination  of  report  of  land  sales  by  9,70 
liability  of,  for  failure  to  make  examin- 
ation  70,71 


PAGE. 
bond    of  county  eu- 


County  board — 
may  require  nt- 
perintendent . 

must  furnish  office  and  supplies 70 

removal  of  county  superintendent  by 
vacancy  in  ollice  of  county  superin- 
tendent   70 

County  clerk 67 

election  of  1  rustees,  ordered  by 16 

list  of  trustees  furnished  county  super- 
intendent by 18,67 

map  of  to  wnehip,  filed  by 27 

tax-payers,  list  of,  filed  by 27,67 

to  compute  district  taxes 68 

to  certify  to  same  to  township  treas- 
urers    68 

to  record  statement  of  land  sales 69 

to    transmit    county    superintendent's 

bill  to  State  Auditor 69 

County  fund — 

consists  of  what 71 

loaned  by  county  superintendent 14 

County  superintendent  of  schools 7 

accounts  of  township  treasurer,  exam- 
ined by 10 

adviser  of  school  teachers  and  officers . .     10 
appeal  from,  to  State  Superintendent  ..     14 

appeal  to,  Irom  action  of  trustees 10 

apportionment  of  funds  by 13 

same,  of  interest  on  county  fund 13 

assistant  of 8 

bond  of 7 

bond  of  township  treasurer,  approved 

and  held  by 13 

may  demand  that  same  be  increased. ..     32 

certificate, teacher's, may  grant 10,56 

same,  may  renew  or  revoke 11,56 

same, to  make  record  of 10,57 

compensation  of 8,9 

controversies  under  school  law, referred 

to 7.     14 

county  funds,  loaned  by 13 

directors,  may  order  election  ol 41 

same,  may  remove 11,47 

election  of 7 

examination  of  teachers, to  make 10,56 

examination  of    treasurer's  accounts, 

etc  ,to  make 10 

fines  and  forfeitures,  duties  of, concern- 
ing   13,80 

funds,  withheld  by 13,87 

may  be  chosen 2 

notes, etc., taken  by ,    14 

oath  of  office,  taken  by 7 

office  for 8 

office  turned  over  to  successor  by 14 

qualifications  of 2 

real  estate,  may  sell  and   convey,  and 

lease 11,79 

records, kept  by 11 

removal  of,  by  county  board 69 

report  of,  to  county  board  11,78 

same,  to  State  Superintendent 12 

same,  to  trustees,  on  treasurer's  ac- 
counts, etc 10 

sale  of  common  school  lands  by.  See 
"Common  school  lands.1' 

schools  visited  by 9 

statistics  of  townships. may  makeup..     12 
same,  cost  of    may    collect  from  trus- 
tees      13 

supplies  for 8 

teachers  examined  by. 10,56 

teachers'  institutes  conducted  by 10, 58 

treasurer's  accounts  examined  by 10 

treasurer's  bonds  approved  and   held 

by •;.... 13 

trustees,  election  of,  ordered  by J .     10 

vacancy  in  office  of,  how  filled 8 

County  treasurer  to  give  notice  to  directors 

and  trustees 86 


PAGE. 
Debt,bonded,  how  disposed  of  in  case  of 

change  of  district  lines  ....; 28 

Debts  of  old  districts  1  o  be  deducted 30 

due  school  funds, preferred  claims 36 

same,  may  be   compromised   by  trus- 
tees     22 

Default  in  payment  of  loans  or  interest 

thereon 36 

penalty  for  same 36 

Demands   against  school  officers, lien  for, 

upon  real  estate 84 

Diploma  of  county  normal    school  some- 
times   qualification    for    first   grade 

certificate 56 

Directors  of  schools,  a   body    politic  and 

corporate 40 

boards  of,  elected 40 

apparatus  purchased  by,  when 45 

Directors  of  schools- 
bonds  issued  by 46, 64 

bonds  refunded  by „ .     66 

blanches  of  study  prescribed  by .44,54 

certificate  of  tax  levy -made  by 62 

same,  when  to  return 62 

same,  when  district  is  in  two  or  moreCTD 

counties 62 

clerk  of,see  "Clerk." 

dismissal  of  teacher 45 

duties  of, with  regard  to  the  schools.. 43, 45 

election  of 40 

same,  notices  of 41 

same,  ordered  by  county  superintend- 
ent     41 

same,  ordered  by  township  treasurer. ..    41. 

election  of,  on  Saturday 41 

same,  postponed 41 

elections    to   choose   school  sites,  etc, 

called  by 46, 65 

exclusion     of     colored     children    from 

schools  by,  prohibited 86 

exhibit  by  township  treasurer  to . .    37 

same,  posted  by, at  annual  election 38 

interest  in  contract  made  by  the  board, 

prohibited  to '43 

same,  in  sales  of  books,  etc.,  used   in 

the  district,  prohibited  to 2,43,85 

interest    on    teachers"    orders,  to    pay 

when 38,fil 

judges  of  distiict  elections 41 

judgments  and  executions  against 88 

for  conversion  of  school  fund 84 

for   lailure   to    discharge     duties    of 

office 83,84,85 

for   failure  to    make  returns,  or   for 
making  false  returns  of  statistics..    84 

for  loss  of  school  funds  85 

for   perversion    of    school   funds    to 

sectarian  purposes 85 

to  district 83 

liable 46,47,83,84,85 

libraries  and  apparatus  purchased  by, 

when 45 

may  assume  indebtedness  created  for 

distiict 95 

may  borrow  money,  when 65 

may  compensate  cierk 45 

may  not  be  trustees 40 

meeting  of 42 

names  of  teachers  reported  to  county 

superintendent  by 43 

non-residence    of    members  of,  consti- 
tutes vacancy 40 

official  business  of,  how  transacted 42 

orders  drawn  by 44,46,47 

same, may  not  be  drawn  when 44,46 

organization 42 

poll-book,  returned  by 42 

power  of,  to  tax 61,62 

same,  limitations 62,64,65 

powers  of,  limited;.. 62 


126 


Directors  of  schools—  PAGE. 

president   of  board 42 

property  of  district,  personal, sale  of, 

by 45 

pupils  transferred  by 47 

same,  amount  due  on  account  of,  col- 
lected by  47 

qualifications  of 40 

quorum  of 42 

records  kept  by 42 

records,  submitted  to  treasurer 42 

removal  of 47 

•reports  to  treasurer 42 

schedules,  certified  by 44,60 

same,  delivered  to  township   treasurer 

by 44 

same,  delivery  of  limited 44 

same,  receipted  for 60 

schedules,      separate,      delivered     by, 

when 47,59 

school  house  controlled  by 45 

same,  use  of  for  meetings  granted  by . . .    45 

school  house  site, located  by,  when 46 

teachers,  employment  of,  by 43 

same,  how  limited 44, 57 

teachers,  payment  of,by 44 

same, how  limited 44 

term  of  oflBce 41 

•tie  at  election  of 41 

to  notify  collector  of  taxes  to  whom  to 
pay  the  money  belonging  to  a  union 

district 43,64 

"transfer  of  pupils  by 47 

truant  officer  appointed  by 96 

vacancy  in  office  of,  how  filled 41 

women  may  be  elected 40,86 

District, boundaries  of,  how  changed 25,52 

township  a,  for  high  school 23,24 

Districting  of  newly  organized  township...     25 

Districts,  changes  of 25 

dissolved,  when 30 

divided  by  county  lines,  taxation  in ....     62 

elections  in 28,42,48 

elections  to  vote  on  change 25 

formation  of .'. ..    25 

funds  of,  held  by  township  treasurer 22 

indebtedness    created  for,  may  be  as- 
sumed      95 

list  of  taxpayers  in,  to  be  filed 27 

maps  of,  made  and  filed 27 

property  of,  held  by  trustees 21 

same,  when  divided 30 

taxes  of.    See  "Taxes/' 

with  1, 000  inhabitants  48 

with  100,000  inhabitants 52 

See  "Union  Districts.11 

Division  of  property  of  a  district 30 

Donations, etc.,  for  school  purposes 1,21. 

same,  for   sectarian  purposes,  prohib- 
ited  1,85 


Education,  good  common  school,  to  be  af- 
forded all  children 1 

elementary,  secured  to  children 96 

Effects  of  alcohol  and  narcotics 91 

Elections.     See    "State     Superintendent;" 

"County  Superintendent;1'  ''Directors 

of  Schools;"    "Township  Trustees;" 

"Boards  of  Education.'1 

to  purchase,  move  or  build  a  school 

house 46 

Eligibility  to    office,  to    board    of  educa- 
tion      53 

to  board  of  directors 40 

to  board  of  trustees 16 

to  township  treasurership 19 

Eligibility  of  women  to  office  under  school 

laws 40,86 

Enumeration  of  children.    See  "Census." 

separate,  made  when 20 


PAGE. 

Examination  of  books,  accounts,  etc  ,  of 
county     superintendent     by    county 

board 12,70 

of  directors  by  township  treasurer 42 

of    treasurer    by  county    superintend- 
ent       10 

same, by  trustees 21 

Examination  of  teachers  by  county  super- 
intendent   10,56 

for  State  certificates 5,56 

Execution    issued    against    directors    and 

trustees 88 

Executors    to    give   preference   to    school 

debts 36 

Exemption  from   road  labor  and  military 

duty 88 

Expulsion.of  pupils  by  directors 45 


False  returns  of  children 84 

Fines.     See  "Penalties.'1 

Fines  and  forfeitures 80 

Flags  on  school  houses 102,103,104 

Forfeiture  of  funds  by  townships 20 

Form  of  bond  of  county  superintendent.  .. 

of  bond  of  township  treasurer 33 

of     notice     to    districts    affected     by 

changes  proposed 26 

of  mortgage 35 

of  orders  by  directors 47 

of  register 59 

of  schedule  and  certificates  thereto  —     60 

of  school  orders ..47,73 

of  tax  certificates 62 

of  teacher's  certificates  and  record 57 

of  treasurer's  record  of  notes 34 

Fractional     townships.       See     Townships 
fractional." 

Free  schools  established 1 

Fund,  school,  county,  consists  of  what 7 

interest  on,  distributed 13,72 

principal  of,  loaned 14 

real  estate  belonging  to 79 

Fund, school, State, consists  of  what 71 

distributed  71 

Funds,      school,      township,     consist      of 

what 72 

interest  distributed 72 

principal  loaned 34,72 

real  estate  belonging  to 21,72 

Funds.    See  "Apportionment  of  funds." 

forfeiture  of 20 

withheld  by  county  superintendent  — 13,87 
same,  by  order  of   State    Superintend- 
ent        6 

Funds,  school  district,  custodian  of S 

how  paid  out 73 

surplus  loaned 35 

union  district's  collected  in  one  treas- 
urer's hands - 43,64 

Furniture,  school,  sale  of  by  school  officers 

prohibited 2,85 

purchase  of. 62 


General  Assembly  to  establish  free 

schools 1 

Governor  to  approve  State  Superintend- 
ent's bond 

Graduates  of  county  normal  schools 56 

High    school,  township.      See   "Township 

high  school." 
Holidays 61 

Illinois  State  Normal  University 99 

Illiteracy, report  of 4,20 

Imprisonment  of  school  officers 84,85 


127 


PAGE. 
Indebtedness  created  for  certain  districts 

may  be  assumed  by  directors     .......    95 

previous,  tax  to  pay,  not  limited  .......     62 

refunded  ................................  66,67 

Indictment  of  school  officers  ...............  84,85 

of  trespasser  .............................     75 

Informer  to  receive  half  .....................     75 

Institutes,  superintendents  to  assist  in  ____  10,58 

fees  for  ..................................     58 

teachers  may  attend  without  deduction 
of  wages  ...............................     58 

Institutions  of  learning  to  report  ...........     87 

Insurance  of  improvements  on  real  estate 


Interest,  action  to  recover  ..................    37 

added  to  principal  ..................  37,72,73 

diHtributed  ......  .......................  37,72 

on  teacher's  orders  unpaid  .............     61 

same,  how  stopped  .....................     61 

penalty  lor  default  in  payment  of  .......    36 

rates  on  bonds  .........................  65,67 

rates  on  loans  ...........................     34 

State  to  pay  .............................    71 

Judges  of  elections  of  directors  .............  41 

delivery  of  poll-book  by  .................  42 

Judges  of  elections  of  tru-tees  ...............  16 

delivery  of  poll-book  by.  ...............  18 

Judgment's  against  school  officers  .........  .  88 

[ZH  against  purchasers  of  school  lands  .....  77 

Justices,  duties  of,  concerning  fines  and  for- 

feitures ................................  80 

Kindergarten  schools  ....................  98,99 

Lands     See  "Common  School  Lands"  and 
"Real  Estate." 

Levy  of  taxes     See  "Taxes." 

Liability  of  school  officers  ...................     82 

Libraries,  school,  provisions  for  ...........  45,50 

Lien  on  real  estate  of  school  officers   from 

date  of  issuing  process  ................     84 

Limit  of  indebtedness,  bonds,  etc  ..........  65,67 

of  tuxaMon  .............................  62,65 

Loans  of  county  funds  ......................     14 

of  district  funds,  surplus  ................     35 

of  township  fund  .......................  34,  35 

Loss  of  funds,  liability  for  ..................     85 

Mandamus,  writ  of  ..........................  88 

Map  of  township  ............................  39 

filed  in  twenty  days  by  township  treas- 

urer ...................................  39 

Meetings,  of  directors  .......................  42 

of  trustees  ................  .  ..............  19 

in  school  houses  .........................  45 

Miscellaneous  ................................  86 

Month,  'School  ...............................  61 

Mortgages  — 

form  for  ................................  35 

in  name  of  county  superintendent  .....  14,34 

in  name  of  trustees  .....................  22,34 

Normal  schools,  county,  act  establishing...  119 
State,  acts  establishing  ...............  106,  119 

Notes,  etc.,  in  name  of  county  superintend- 

ent .....................................     14 

same,  examined  by  county  board  ......     70 

in  name  of  trustees  ......................     34 

same,  examined  bv  county  superintend- 
ent .....................................     10 

by  trustees  ..............................    21 

same,  list  of  given  county  superintend- 
ent, annually  ..........................    35 

Notice  of  elections,  district  ...........  29,41,49,65 

same,  township  ......................  16,17,23 

same,  city,  etc  ,  to  organize  under  gen- 
eral law,  school  ______  .................  52,93 

of  examinations  of  teachers  by  county 

57 


PAGE. 
Notice  of  examination  of  teachers— 

by  State  Superintendent 56 

of  sale  of  common  school  lands 76 

of  sale  of  real  estate 21 


Oath,  official,  county  superintendent's 7 

State  Superintendent's 3 

Office  ot  county  superintendent 8 

Office  of  State  Superintendent,  where  kept..      4 

Office  supplies 8 

Officers,  school,  exempt  from  road    labor 

and  military  daty 88 

liabilities  of,    See  "Penalties." 

lien  on  real  estate  of 84 

to  receive  advice 4,10 

Orders,  school,  form  of 47,73 

when  against  uncollected  taxes 46 

teachers,  substance  of 61,73 

same,  draw  interest,  when 61 

same,  to  be  drawn  when 61 

treasurers  to  file 73 

Organization  of  board  of  directors 42 

of  board  of  trustees 19 

of  cities,  etc.,  under  general  law 48,52 


Parents  must  send  children  to  school 96 

Patents    issued    to  purchasers    of  school 

lands 78,79 

same,  dup  icates  of 79 

Penalties,  who  subject  to — 

any  person  for  preventing  colored  chil- 
dren from  attending  school 86 

for  trespass  on  school  lands 75 

any  school  officer,  for  causing  loss  of 

school  funds 85 

for  neglect  of  duty 5,84,85 

any  school  officer,  or  any  other  person 
for  con  version  or  perversion  of  school 

funds.  84,85 

borrower  of  school  funds,  for  failure  to 

pay  interest  or  principal :6 

cities,  for  failure  to  make  report 87 

collectors  of  taxes,  for  refusal  to  pay  ..64,72 
county  board,  for  neglect  of  duty  to  ex- 
amine report  of  land  sales 70, 71 

clerks  of  courts  of  record,  state's  attor- 
neys and  justices,  for  failure  to  report 
and  to  collect  and  pay  over  fines  and 

forfeitures 80,81 

directors.    See  "Directors  liable.11 
parents,   for     keeping     children     from 

school .....   94,96 

parents,  employers,  etc,  for  the  hiring 

of  children  under  13  years  of  age 94 

purchaser  of  school  lands  for  not  secur- 
ing payment 77 

townships,  for  failure  in  delivering  re- 
ports   20 

teachers,  for  not  making  schedules 58 

treasurers     See  "Treasurers  liable." 
trustees.    See  "Trustees  liable  " 
See  also,  "Removal  from  office.11 

Permits  to  transfer  pupils 47 

to  be  filed 47 

Perversion  of  funds  to  sectarian  uses 85 

penally  for 85 

Petition  for  change  of  district  lines 25 

same,  to  be  filed  twenty  days 26 

same,  notice  of  to  districts  26 

for  or  against  township  high  school  —     23 

for  sale  of  school  house 21 

for    organization     under     the   general 

law 52,93 

for  purchase  of  school  sites,  etc 50 

for  sale  of  school  lands 75 

Plat  of  common  school  lands 76 


128 


PAGE. 
Poll-book,  election  of  director,  return  of. . .     42 

same,  penalty  for  failure 42 

election  of  trustees,  return  of 18 

same,  penalty  fcr  failure 18 

Polling  places,  more  than  one,  when 17 

Polls,    election    of  directors,    opened    and 

closed 17,41 

election  of  trustees  17 

Poor  children,  books  for 44 

Postponement  of  election 17,41 

President  board  of  directors 42 

pro  tempore,  may  be  appointed 42 

of  board  of  trustees 19 

pro  tempore  may  be  appointed 19 

Proceedings,  official,  to  be  recorded 19,42 

Property  of  districts,   divided    in    case  of 

change  of  district  boundaries 29 

teachers  to  account  for 58 

Publication    of    statement     by    township 

treasurer 37,38,39 

Pupils,  age  of 43 

age  and  name  noted  on  register 58, 59 

same,  on  schedule 59,60 

assigned  to  the  several  schools 45 

attendance  of,  noted 59,60 

suspension  and  expulsion  of. 45 

transferred 47 

same,  separate  schedules  of,  when 47 

under  12.  in  school  four  hours  a  day 45 

Purchaser  of  common  school  lands 77 

may  borrow  amount  of  bid 77 

must  secure  payment  of  bid 77 

to  receive  certi  flcates  of  purchase 79 

to  receive  patents 78 

when  to  receive  duplicates 79 


Qualifications,    for    office   county  superin- 
tendent   2 

directors 40 

treasurer 19 

trustees 16 

of  teachers .-.  56_ 

of  voters £7 

of  worn  en  as  school  officers , .  40, 86 

Quorum  of  directors 42 

of  trustees. ..                                               .  19 


Rate  of  interest     See  "Interest  " 

Real  estate   held    by  county   superintend- 
ent   11,79 

by  trubtees 22 

leased 11,22.74 

lien  on,  belonging  to  school  officers 84 

released 36 

right  of  way  over,  granted 79 

security  for  loan* 34,35 

same,  how  valued 34 

taken  for  indebtedness  by  county  super- 
intendent  11,75 

by  trustees  22 

See  also  "Common  school  lands." 

Receipts  for  schedule* 60 

treasurer  to  take  and  file 73 

Records  of  county  superintendents 10,57,78 

same,  examined  by  county  board 12, 78 

ofdirectors 42 

same,  submitted  to  township  treasurer.    42 

of  sale  of  common  school  lands 78 

same,  examined  by  county  board 70 

same,  transcript    of,    filed    with    Audi- 
tor      78 

of  State  Superin  ten  dent 4 

of  teachers'    certificates     granted     by 

county  superintendent 57 

of  treasurer 33,34 

same,  examined  by  county  superintend- 
ent      10 

same,  open  for  inspection 19,34 


PAGE. 

Records  of  county  superintendents- 
same,  submitted  to  trustees 37 

of  trustees 19 

same,  open  for  inspection 19,34 

Registers,  books  furnished  by  directors 59 

same,  returned  by   teachers  at  close  of 

term 59 

form  of 59 

to  be  kept  by  teachers 58,59 

Registration  fee 58 

Relinqulshmeut  of  special  charter 52 

Removal  from   district  or  township,  effect 

of 40 

from  office — 

of  county  superintendent 69 

ofdirectors 47 

of  president  of  board  of  trustees 19 

of  teachers 45, 51 

of  treasurers 19 

Repeal  of  former  acts 88 

Reports  of  cities  ana  towns h7 

of  collector  of  taxes  to   township  treas- 
urer  H3,64 

to  trustees  and  directors 80,87 

of  county    superintendent     to    county 

board,  annual 12 

game,  of  land  tales  to  county  board.  ..11,70 

same,  to  Auditor 9, 78 

same,  of  condition   of  schools  to  State 

Superintendent 1£ 

ofdirectors  to  township  treasurer 42 

same,  to  county  superintendent     43 

same,  to  voters  atauuual  meeting- 43 

of  fines  and  forfeitures        80 

of  institutions  of  learning 87 

of  rentals  to  connty  superiu  teudeut ....     74 
of  (State  Superintendent  to  Governor...      4 
Of  statistics.     See  "Statistics.1' 
of  treasurer  to    trustees,   annual    and 

semi-annual 37 

of  trustees  to  county  superintendent.. . .    19 

same,  items  of 20 

penalties  for  failure  to  make.   See  "Pen- 

alties'' 84 

Revenue  and  taxation 61 

Rules  and  regulations  made  by  board  of 

education 51 

by  directors 4 

by  State  Superintendent 5 

Salary  of  State  Superintendent 3 

Sale  of  common  school  lands.     See  "School 

lands  '" 
of  real  estate     See  "Real  estate." 

of  school  books,  etc.,  limitations 2,85 

of  school  house  and  site 21 

of  school  property 45 

Schedules,  certificates  upon,  form.. 59, W 

delivery  of  to  directors 60 

to  township  treasurer 44 

form  of 60 

receipt  for,  given  to  teacher 60 

teacher  to  keep 59 

Scholars.    See  "Pupils  " 

School,  any  gift,  etc.,  to 1,21 

School  books      See  "Text  books." 

School  books,  apparatus  and  furniture, 
school  officers  not  to  be  interested  in 
when 2,43,85 

School  directors.    See  "Directors." 

School  districts.    See  "Districts.'1 

School  elections.    See  "Elections." 

School  funds 71 

School  houses,  building  of,  tax  for  lim- 
ited   61,62 

same,  vote  necessary  to  authorize 46 

controlled  by  directors 45 

meetings  in .    45 

repairing  and  improving 46,53,61 

site  of 46 

title  to,  in  trustees -^  21 


129 


PAGE. 

School  Inspectors 97,98 

School    lands  74 

School  libraries 45,62 

School  month 61 

School  officers- 
exempted  from  rond  labor  and  military 

duty 88 

legal   advisers  of 4,10 

liable  for  conversion  of  school  funds.. ..     f 

for  exclusion  of  colored  children  86 

for  failure  to  return,  or  false  return  of 

statistics 8 

for  loss  of  school  funds 85 

for  perversion  of  same 85 

lien  on  real  estate  of 84 

selling  school  books,  etc.,  by,  prohibited 

when -2,85 

See  also  "Superintendent  of  Public  Instruc- 

struction  and  other  officers." 
School  orders     See  "Orders."' 
School  site.     See  "Site.11 
School  Superintendent.     See"Supt." 
School  tax.    See  "Taxes." 
School  trustees.   See  "Trustees  of  Schools  " 

School  visitation 9,43,50 

School  teachers.    See  "Teachers.11 

School  year  43,44 

Schools,  branches  of  study  in,  how  deter- 
mined  44,50,57 

high.     See  "Township  high  schools." 

manasement  of 24.48,50,555 

normal 99,102,106 

supervision  of 4, 9 

support  of  43,50 

term,  in  cities 50 

same,  in 'districts 43,4fi 

same,  may  be  extended  how 46 

visitation    of 9,43 

Secretary  of  State  to   hold   State  Superin- 
tendent's bond  3 

Sectarian  purposes,  perversion  of  funds  to, 

prohibited   : 1,86 

Security  on  bonds.     See  "Bonds,  official." 

personal,  on  loans 34 

renl  estate,  on  loans 3 

same,  improvement*  on.  to  be  valued  .     S 

Settlement,  trustees  may  make 22 

Site,  Bchool  house,  choice  of 46,  P3 

same,  when  made  by  directors 46 

nale  of 21 

condemnation  of  land  for 46,47 

title  held  bv  trustees 21 

Sixteenth    section,     constitutes  [[common 

school  lands 74 

other  sections  in  lieu  of 74 

Southern  Illinois  Normal  University Ip2 

Special  acts  mny  be  relinquished 51.52,93 

modified  in  certain  cases  62,87,90 

not  repealed.  £ 

state  to  pay  interest  71 

State's  attorney.lt  See  "Attorneys." 

State  certificates 5,56 

charitable  institutions,  superintendent 

of.  to  report •      6 

State    charitable    institutions,    visited    by 

State  Superintendent 5 

State  funds ••    71 

State  normal  schools 99,102 

Slate  superintendent.    See  "Superintendent 

of  Public  Instruction." 

Statements,  made  by  tea-hers 59 

Statistic-,  not  divisible,  how  reported 20,21 

See  "Reports." 
Sufficiency  of  treasurer's  securities,  trustees 

responsible  for   84 

Suits     See  "Actions.11 

Superintendent  of  Public  Instruction  3 

adviser  of  county  superintendents 

bond  of 3 


PAGE. 
Superintendent  of  Public  Instruction — 

certificates.  State  teachers'  granted  and 

revoked  by 5,56 

election  of 3 

forfeitures  remitted  by H 

funds  withheld  by 6 

not  to  be  interested  in  the  sale  of  school 

books,  etc 2,85 

oa  th  of  office  of 3 

office  of.  at  seat  of  government 4 

same,  expense  of. 3 

papers,  etc.,  filed  and  preserved  by 4 

record  k  pt  by 4 

report  of,  to  the  Governor  4 

rules  to  enforce  the  school  law,   ma  !e 

by 5 

salary  of.  determined  by  law 3 

term  of  office  of 3 

to  advise  school  officers 5 

to  counsel  and  advise  with  teachers 4 

to    have    supervision     of    the    public 

schools ....  4 

to  visit  State  charitable  institutions  ...  5 
Superintendents  of  State  charitable  institu- 
tions to  report  to  State  Superintend- 
ent              5 

Superintendents     of    schools,     appointed 

when 50 

Sureties      See  "Bonds,  official.'1 

Suupensi on  of  pupils 45 


Taxes,  school,  collection  of 63 

computation  of.  basis  of 62 

same,  made  by  county  clerk  62)63 

collector  of,  to  pay  how,  in  case  of  union 

districts 64 

same,  to  pay  township  treasurer 63 

same,  failure  to  pay 64 

levy  of,  form  of  certificate 62 

same,  when  returned 62 

m  list  be  uniform 63 

power  to   levy,  granted  board  of  edu- 
cation in  cities  and  villages 5i),Hl,62 

to  directors 46,62 

same,  limited 46,62 

same,  in  satisfaction  and  judgment 88 

Taxpayers,  list  of  filed 28 

Teachers,  appointment  of 43,50,53 

cannot  be  paid,  when 44, 57,58,59 

cannot  be  employed,  when 57 

dismissal  of 45,51 

examination  of 50,56,57 

funds  withheld  from   6 

must  have  certificate 44,57 

names  of.  reported  to  county  t-upt 43 

not  to  teach  on  holidays HI 

pension  fund 99,100,101 

registers  to  be  kept  by  58,59 

same,  returned  to  directors 59 

schedule  to  he  kept  by 59 

same,  certified  60 

same,  uupaid,  balance  of  to  draw  inter- 
est      61 

statements  m  ade  by 59 

wages  of,  due  when...   61 

teachers,  certificates  of 56 

Teachers'  institutes  held  by  county  superin- 
tendent  10,58 

fees  for 57 

teachers  may  attend  without  deduction 
of  wages 58 

Term  of  office  of  boards  of  education 23,49 

of  county  superintendent 

ofdirectors 41 

of  State  Superintendent 

of  treasurer 1 

of  trustees  •  ••     15 

Terms  of  loaninsr  school  funds 8 

of  sale  of  school  lands 77 


—98 


PAGE. 

Text  books  prescribed  by  directors 44 

same,  to  be  uniform 44 

same,  not  to  be  changed   oltener  than 

once  in  four  years  44 

same,  for  poor  children  44 

same,  not  to  be  sold  by  school  officers.  .2,85  ' 

Tie  vote,  how  decided 17,41 

Title  to  real  estate— 

to  school  houses  and  lots  21 

to    common    school   lauds,    from    the 
State 74,78 

Town  meeting,  election  of  trustees  at 18 

Towns  and  cities.     See  "Cities  and  Towns."/ 

Township,  school  business  of,  done  by  trus- 
tees      15 

congressional,  made  a  school  township.     15 

divided  by  county  lines 20 

same,  tax  in 62 

fractional,  consolidated  with  adjacent, 

when 15, 76 

fund  of.    See  "Fund." 

funds  apportioned  to 13 

same,  forfeiture  of 6,20 

made    a   district    to    support    a    high 

school 23,24 

may  unite  with  another  or  with  parts  of 

oth  rs  for  the  same  purpose 23,24 

newly  organized,  dintricted  25 

same,  map  of 25 

redistricted 52 

school  section  belonging  to  74 

Township  board  of  education 23 

term  of  office. 23 

duties 24 

Township  high  school,  how  discontinued.. .     24 

same,  disposition  of  property 24 

how  established  23 

how  supported 24 

Township  treasurer 32 

accounts  of  how  kept >..     33 

appointment  of  19 

same,  who  eligible  to 19r 

bond  official,  approved 13,32 

same,  recorded 13 

delivered  to  county  superintendent. 13,3'2 

form  of 'i 

increased  when , 32 

books    and    accounts    of,  examined  by 

county  superintendent 10 

by  trustees 21,37 

same,  subject  to  inspection  19,31 

same,  submitted  to  trustees  37 

certificate  of  amount  or  taxes  due  sent 

to,  by  county  clerk  68 

certificate  of  tax  levy  returned  by,  to 

county  clerk 38 

clerks  of  trustees,  to  be 19 

compensation  of 40 

county  superintendent    may   direct    in 

case  of  change  of  district  lines 27 

custodian,  only  lesjal,  of  funds  of  boards 

of  education,  when 51 

of  district  funds 22 

of  township  funds 37 

debts  due  township  probated  by  36 

district  funds  paid  oat  by,  how 47 

district  records  exam  ined  by 38 

election  of  trustees,  called  by 38 

duties  of,  as  to  transfer  of  pupils 38,47 

same,  of  directors .  47 

interest  paid  teachers  by,  when 38 

liable  in  a  civil  action — 

for  failure  or  refusal  to  perform  legal 
duties  39,83 

same,  when  not  liable 39,83 

for  failure  to  publish  annual  statement    39 

for  failure  to  turn  over  books,  etc.,  to 
his  successor 83 


PAGE. 

Township  treasurer- 
liable  in  a  criminal  action— 

for  loss  of  school  lunds  85 

for  conversion  of  school  funds b4 

for  failure  to  repoit  statistics,   or  for 

fa'se  return  of  same 84,85 

for  perversion  of  school  funds  to  a  sec- 
tarian use 85 

for    being    interested    in  the  sale    of 

school  books,  etc 2,85 

lien  on  real  estate  of 84 

list  of  taxpayers  made  and  filed  by 39 

maps  made  and  filed  by 39 

money  paid  to,  by  tax  collector 63 

moneys,  bonds,  etc.,  delivered  to,  on 
certified  statement  of  county  superin- 
tendent    13 

not  to  be  interested  in  the  sale  of  school 

books,  etc.,  when 2,85 

notes,  bonds,  etc.,  held  by,  examined  by 

county  superintendent 10 

same,  list  of,  given  to  county  superin- 
tendent annually 35 

same,  submitted  to  trustees  37 

cash  held  by.  verified  by  trustees 37 

official  term  of.  two  years 19 

poll-book  of  district  election  filed  with.  42 

removed  by  trustees,  when 22 

responsible  for  losses,  when ..  85 

State    and    county  funds    paid    to,  by 

county  superintendent  13 

Statement  to  directors,  made  by  under 

oath  semi-aunually 37,38 

staiement  to  trustees 37 

sued  by  trustees,  when 22 

suit  brought  by,  against  tax-collector. .  64 

same,  to  recover  interest  36 

same,  when   additional  security  is  not 

given 3-5 

surplus  of  district  funds,  loaned  by 35 

to  make  teachers'  orders  interest  bear- 
ing when  not  paid  on  presentation  ..38,61 

same,  to  record  38 

to  file  orders  paid 73 

to  notify  clerks  of  directors  when  he 
has  funds  to  pay  unpaid  teachers'  or- 
ders  38,61 

same,  to  record 38 

to  hold  funds  to  pay  t-ame 38 

to  take  and  file  receipts  for  money  paid.  73 

to  publish  statement  annually J 

to  turn  over  office,  etc  ,  to  his  successor  3 

same,  in  case  of  his  death 39 

township  fund  loaned  by 34 


Trees,  cut,  etc.,  on  school  lands 75 

Trespassers  on  school  lands 75 

liable  to  fine  and  commitment 71 

Truant  officer '. 96 

to  report  offenders 96 

Trustees  of  school  lands 31 

Trustees  of  schools 14 

accounts,  etc.,  of  treasurers  examined 

by 21,37 

apportionment  of  funds  by 19 

body  politic  and  corporate,  a 15 

boundaries  of  districts  changed  by — 

at  April  meetings 25 

bonded  debt,  how  disposed  of..., ..    ..  28 

funds  divided 29 

liability  for  failure  to  divide  funds ....  30 

property  appraised 30 

debts  deducted  from  the  same 30 

remainder  of  same  divided 30 

same,  appeal  from  action  of  trustees.. .  27 

how  taken 26 

who  may  appeal. 26 

same,  election  ordered  in  new  district 

by. ^  28 


PAGE. 
Trustees  of  schools — 

same,  new  map  and  list  of  tax  payers 
tiled  by,  within  ten  days,  with  county 

clerk 27 

clerk   appointed  by,  who  is  also  treas- 
urer    19 

name  pro  temporr. 19 

debt,  due  school  fund  compromised  by . .  22 

election  of.  conducted  how...       17 

same,  contested  how 17 

same,  held  for  first  time 16 

same,  notices  of 16 

same,  ordered  by  township  treasurer.  16 

same,  polls  opened  and  closed  when..  17 

same,  postponed 17 

same,  tie,  how  determined 17 

same,  time  of 15,16 

same,  voters  at,  qualifications  of 17 

election  of,  at  town  meetings 18 

eligible  to  office  of  trustee,  who  are 16 

gilts,  grants,  etc  ,  received  by 21 

judges  of  election 16 

liable  in  a  civil  action  — 
for    failure    to    act    upon    notice    of 

county  superintendent 11,84 

for  failure  to   distribute  property  in 

case  of  a  division  of  a  district 80 

for  failure  to  return  poll-pook 18 

for  failure  to  return   statistics,  or  for 

false  return  of  same 12,84 

for  loss  of  school  mnds 85 

for  insufficiency  of  treasurer's  securi- 
ties   84 

liable  in  a  criminal  notion— 
for  being  interested  in  sale  of  school 

books,  etc 2,85 

for  conversion  of  school  funds 84 

for  perversion  of  lunds  to  a  sectarian 

use 85 

list  of,  furnished  county    superintend- 
ents by  county  clerk J8 

map  of  townships,  made  by  28 

meetings  of,  regular  and  special 19 

organization  of  board  of 19 

president  appointed 19 

same  pro  tempore 19 

quorum  of 19 

real  estate,  leased  by 22,74 

purchaseu  by 22 

sold  by 22 

report  to  county  superintendent 19,20 

same,  items 20 

school  house  and  site  sold  by 21 

same,  title  to,  held  by 21 


PAGE. 

Trustees  of  schools- 
separate  enumeration  made  by,  when.  .20,21 
successors     to     "Trustees     of     school 

lands" 31 

term  of  office 16 

title  to  school  house  and  site  held  by .. .  21 

townships  laid  off  into  districts  by 25 

treasurer  appointed  by 19 

same,  removed  by 22 

same,  sued  by 22 

treasurer's  accounts,  etc.,  examined  by.  21 

vacancy  in  office,  how  filled 17 

Union  school -district  diasol  ved,  how 31 

funds  of,  put  'in  hands  of  one  treas- 
urer  ." 43,64,73 

Use  of  school  houses  for  meetings 45 

U.  S.  flags  on  school  houses  102, 103, 104 

Vacancies  in  office  of  board  of  education...  49, 52 

of  county  superintendent 8 

of  directors 41 

of  trustees 17 

Validity  of  teachers'  certificates 56 

Valuation  of  common  school  lands 76 

Visitation  of  schools 9,43,50 

Vote  of    the   people   required   to   borrow 

money , 65 

to  establish  or  discontinue  a  township 

hign  school 23,24 

to  levy  a  tax  to  extend  a  district>chool 

beyond  nine  months 46 

Vote,  etc. 

to  locate  a  school  house 46 

exception  to  the  same 46 

to  refund  bonds  or  outstanding  indebt- 
edness  66,67 

to  purchase  or  build'a  school  bouse.  ..61,46 

Voters  of  districts  may  add  higher  branches    57 

qualifications  of 17 

Warrants,  Auditor  to  issue  to  county  super- 
intendent  9,71 

paid  by  county  collector 71 

return  by  same 72 

refusing  to  pay  penalty  for 72 

See  also  "Orders." 

Women  may  be  school  officers 86 

qualifications 40,8<i 

to  give  bond  and  qualify  as  required  by 

law 86 

may  vote 96 


rt) 


re  06559 


